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Assess the significance of EACH of the following cases for the development of Australian tax law

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Assess the significance of EACH of the following cases for the development of Australian tax law

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Answer the question, below, in not more than 1,500 words in total (inclusive of footnotes).

 

  1. A good answer will demonstrate the following qualities:

 

  • A sound grasp of the relevant legal issues and principles.

 

  • An ability to explain the legal position comprehensively and clearly.

 

  • A good command of the English language and the ability to produce a document that meets professional standards in relation to grammar, spelling and punctuation.

 

  1. Format: Answers must be typed and double-spaced.  Page margins should be the usual Word default margins (approximately 2.5 cm).  Use Times New Roman and 12 point font (this does not apply to footnotes / endnotes).

 

  1. Bibliography: No bibliography is required, provided you use footnotes (or endnotes) to reference your sources.

 

  1. Referencing: Follow the Australian Guide to Legal Citation, available at http://www.law.unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf or by googling AGLC and clicking on the relevant links.

 

  1. Word count: Print the total number of words used in your answers on the cover sheet. A separate document entitled ‘Assignment: Word Limit’ explains how to do the word count.

 

  1. Punctuality: In order to encourage punctuality, 5% will be deducted from your raw mark for each day (finishing at 5 p.m.), or part thereof, by which the date of submission exceeds the submission deadline.

 

  1. Plagiarism: this will be penalised severely, normally by failure.

QUESTION

             Assess the significance of EACH of the following cases for the development of Australian tax law:

Californian Copper Syndicate v Harris (1904) 5 TC 159

Whitfords Beach Pty Ltd v FCT 82 ATC 4031

Myer Emporium Pty Ltd v FCT 87 ATC 4363.

 

Has the introduction of the capital gains tax diminished the importance of these cases in any respect?

 

MARKING

 

The assignment is compulsory and counts for 30% of your overall mark.

 

 

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