PRIVY COUNCIL APPEAL

Dominion, Volume 7, Issue 2215, 30 July 1914, Page 8

PRIVY COUNCIL APPEAL

. A VICTORIAN. CASE. . By Telegraph Prees 'Association—Copyright •' London, July' 28. In the Privy , Council ; appeal case Syme v. iJhe Victorian Commissioner of Taxes, tho appeal was allowed with costs. \ ,;

. Lord Sumner, in delivering judgment, said the assessment oil the person exertion basis 1 alone filled the assessment of the trustees. ; What was tho produce of personal exertion was' in the trustees' hands till they parted with it, and it would not change by transfer.

In this.- case the' Full Court of Victoria ordered ohe ; of the ' beneficiaries in the' estate of the late Mr. David Syme to pay' a Is. rate, on the amount ■ which lie received fr.im the estate as, income from property, instead of a sixpenny rate as on income derived from personal exertion. Counsel for the appellant contended that the Income Tax Act defined all income .'derived. from any trade as income from personal exertion," and: that appellant should be charged only the sixpenny rate on income from the trade .which he carried on as one of the trustees of .the estate. Lord Moulton,'president of the Court, remarked that there was nothing in the Act to show that trade must necessarily bo carried on..by the person receiving the income. Lord Sumner asked: -riot. the .words 'derived fl'om any wade mean 'carried on by' the person who gets the income'?" ..