Commissioner of Inland Revenue v Dick - [2003] 1 NZLR 741

Trusts and trustees — Express trust — Instigator of creation of trust not settling capital on trust but performing numerous services — Income Tax Act 1976, ss 61(27) and 226(9).

Trusts and trustees — Charitable trusts — Benefit from business able to be obtained by trustees but no such benefit obtained — Whether funds lost charitable status — Income Tax Act 1976, ss 61(27) and 226(9).

Revenue — Income tax — Whether income from businesses providing income to foundation exempt from tax — Settlor and trustees able to obtain income or benefits from foundation but no such benefits actually obtained — Income Tax Act 1976, ss 61(27) and 226(9).

Revenue — Practice and procedure — Whether Taxation Review Authority had jurisdiction to order discovery during hearing — Taxation Review Authorities Regulations 1998 (SR 1998/460), reg 12.