DEATH DUTIES

Hokitika Guardian, 18 May 1932, Page 6

DEATH DUTIES

VALUE OF CROP MUST EE ADDED

WELLINGTON, May 17

Judgment was delivered in the .Supreme Court by Mr Justice Ostler in a case under the Death Duties Act, 1924, in which his Honour found that the value of .an apple crop on deceased’s estate rnu-t be added to the variation of the land for the assessmetit-of death duties. The case was brought by Edward Austin Bisley and others against- "tiler Commissioner of Stamp Duties and <vns stated for the opinion of the C,oort under Section 62 of the Death - Duties Act. Appellants were the executors of the estate of Edward Henry Bisley. deceased, who was an apple grower of Nelson. The capital value of the estate was £3,360. There- was an immn. tine crop of apples on the estate, the value of which was £1075 and which was not included. Subsequently appellants contended that in law the apnl" crop was included in the value of the land.

Hi.s Honour found that under the 1924 Death Duties Act all real and personal property was sulnected to payment of death duties. Tt could md- l>-> denied that the growing crop was the property of the deceased, and a* a'l the property of the deceased was li'>Mn to assessment he could not see- how any valid objection could he taken lo the ComnnVionor adding the value lo the assessment, seeing that it was not included in the- value of the hir'd.