DOMINION ITEMS.

Hokitika Guardian, 16 March 1926, Page 4

DOMINION ITEMS.

(BY TELEGRAPH PER PRESS ASSOCIATION.] TAX ASSESSMENT. THE COMMISSIONER APPEALS. WELLINGTON, March Id. The first case this year occupying the attention of the Appeal Court is the Commissioner of Taxes (appellant) against William Richard Doughty (respondent). Tho Court is comprised of Justices Sim, Stringer and McGregor. Ttte case was stated on tin appeal by a Stipendiary Magistrate under the Land and Income Tax Act. 15)16. The case had been filed at the Magistrate’s Court-. Wellington, under the provisions of section 23 of the. Act mentioned and heard on the 2nd of May, 1921, by the Magistrate, who, oil 2-1 tli October, 1924. confirmed the assessment that had .been made by the Commissioner of Taxes. Then on the twenty-first- of November, 1924, a notice of appeal was filed ami Die question of law for determination cl’ the Court was whether, on the facts as they should be determined by the Supreme Court, Doughty was assessable in any and in wlmt respect for income tax on the sale of the business of George and Doughty Limited, pursuant to an agreement which was exhibited in the Court.

At present the respondent, William Richard Doughty, was carrying on business in Wellington and elsewhere as a wholesale soft goods merchantami draper in partnership with Arthur John George. The respondent and his partner agreed to sell their business to a company named George and Doughty Ltd., as it going concern with goodwill etc., at a price of £08.383 Os, which was paid in cash and fully paid up shares, the shares being supposed to be their face value. Tile respondent was then assessed by the appellant for income tax in respect of Foil 10, being bis proportionate share of Bio, 02(1, the tlill'eronce .between the sum so paid by the company for tho stock in trade and tho estimated cost of such stock in trade.

The respondent objected to the assessment and appealed to the Supreme Court.

Tho appellant contended that the dill'ercncc between liie price of £-13,357 15s ltld and £58,383 Os Kid was profit, or gain, which was assessable for income tax.

The Chief Justice, Sir Robert Stout, decided the transaction was not a gain from tho sale of goods, nor a profit derived from business. It was, as was said in an Australian case, the Commissioner of Taxes, of Western Australia versus Newman, putting an end to business. The Supreme Court hold that it must follow the decision in the Australian case and disallow the Magistrate’s assessment. Against ibis the Commissioner of Taxes is now appealing. N El’IA HAS A GLASS. NAPIER, March 15. George Xcpia. the All Black fullhack. was before the Court to-day on a charge of being illegally 011 the promises. For the defence it was explained that it was Nepia’s birthday and he had been with friends, as a guest, to the hotel for tea. When the police entered Nepia and others had dirty glasses before them. Ihe Magistrate dismissed the case. CATCHING A BURGLAR. PALMERSTON X.. March 15. While the occupants were absent on Saturday evening a young man entered the dwelling house of .1. B. Wilton, Featherston Street. Oil returning Mr and Mrs Wilton and their son noticed a dim light shining through tho glass hall door. Mr Wilton entered the (louse, and lighted the gas in two rooms where a search was unavailing. The intruder was then found in an unlighted mom. 'hut his nl tempt to leave the house bv the hack door was frustrated by Wilton. With the aid of a passerby, who had an electric torch. Mr Wilton searched the house and the young -titan was discovered under a bed in the front room. The police were called ami the man was arrested. At the Magistrate's Court to-day, Michael Patrick Somers, aged twenty, was charged with stealing I runt a

dwelling house a silver chain and two silver pencils ami was remanded till Wednesday.

N.Z. politics. THE OPPOSITION. CHRISTCHURCH, March 15. '■ Anything may happen," was the answer given by Mr I). G. Sullivan. M.P.. to (he question of whether the Opposition benches would be occupied by the Labourites or Nationalists in the new Parliament. ‘‘Much depends on the Eden byeedectiou." replied Mr Eraser. M.P. Mr Sullivan added that the Nationalists depended on Sir Joseph Ward and Air FI. A Into re. neither of whom, in recent statements, had indicated that 1 " was a straight-out Nationalist. It was significant, though, that in the last session the latter bad sat in close proximity to Mr G. W. Forbes. The L.R.C. is bolding a complimentary social to felicitate Afr J. Al’Combs on bis return. CEREAL SUPPLIES. INFLUENCE OF IMPORTATIONS. WELLINGTON, Afa rob 13. The produce trade in Wellington has taken full advantage of the permit system for the importation of wheat, but there is likely to be some difficulty in securing regular outside .supplies owing to the great demand for space from Australian ports to New Zealand. Wheat was landed this week from the .Manuka, and there are consignments under permit, arriving by the Kaiwarra, Moeraki and Kaitoke at a price enabling fowl wheat to be sold to the poultry owners at 8s per bushel. As Australian flour can he landed in AVellingfou or Auckland to-dav at £l7 IDs per ton, duty and all charges paid, the opinion of merchants is that the New Zealand millers will not- be able j to pay the prices asked for New Zen- 1 land wheat, and that serious difficul- | ites will shortly arise. There is also out- j side competition in pollard, which is offering from Vancouver at a price about equal to that of the New Zealand article delivered in North Island ports.

The pressure of competition from outside is more severe in connection with oats, as Canadian oatmeal can be landed in Wellington and Auckland at £lB it is per ton against the New Zealand quotation of about £2-1 per ton. The latter price is expected to ease when the full harvest is available from Southland, but local opinion is that the margin i; so great in favour of overseas oats iiiat the North Island will have to rely largely on outside sources for its supplies. LYTTELTON WHARF ACCIDENT. BROWN DIES. Cl IR rSTCTIURCII; March 15. T. Ilrown, aged 42. married, died in the hospital this evening from the iniiu ii s lie received at Lyttelton this morning by falling from the deck ofj the steamer Huntingdon to the wharf. Brown’s injury, a badly -fractured skull, was very grave, and he never rallied.

PAKEHA"AS MAORI BISHOP. AUCKLAND, March 15. The Native Church Board of Auckland Diocese passed a resolution that, in its opinion, the first Bishop for the Bishopric of Ooeteroa should lie a Maori-speaking Pakchn. Members were convinced that the difficulties of organising a new diocese would be so great that not one of the Maori clergy possessed enough experience to make him capable of undertaking the work and that, therefore, flic interests of the Maori Church would best be served by appointing a Maori-speaking pakeha as the first bishop.

IMMIGRANTS FOR N.Z. AUCKLAND, March 15. A party of immigrants arrived by the Athenie on Sunday. The appear to he a desirable class of settlers. Many were heard to sav that they had come here lo work and work hard. T',, party includes forty-four hoys under a Salvation Army immigration scheme. There arc also twelve public school boys who arc* to bn placed on farms. There are forty-two domestics.