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Buckley & Young Ltd v Commissioner of Inland Revenue - [1978] 2 NZLR 485

$30.00

Court of Appeal Wellington
6 June; 26 July 1978
Woodhouse, Richardson and Somers JJ
Income tax — Assessable income — Deductions — Burden of proof — How far taxpayer must go to discharge burden — Company considered director an unsatisfactory employee — At company's insistence, director retired and entered into a restrictive covenant not to compete, or divulge information, in consideration for payments and other benefits — Whether payments and benefits capital or revenue — Land and Income Tax Act 1954, ss 32(10), 111 and 112(a) - Inland Revenue Department Act 1974, s 36.

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