Commissioner of Inland Revenue v Simpson - [1989] 2 NZLR 704

Revenue — Income tax — Assessable income — Income from family trust — Objects of discretionary powers included taxpayer and his infant children — Following resolution of trustees appropriating income to the children income was paid to the taxpayer on their behalf — Commissioner assessed taxpayer — Whether taxpayer received the payment as a beneficiary under the trust who received the benefit of the income or whether he received it in a fiduciary capacity — Whether a new ground for assessment could be raised for the first time in the Court of Appeal — Whether Commissioner's assessment was correct — Observations as to whether an infant beneficiary can become entitled in possession to receipt of income for income tax purposes — Income Tax Act 1987, ss 227 and 228.