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Commissioner of Taxes v Luttrell - [1949] NZLR 823

$30.00

High Court Wellington
15 December; 1947 26 February 1948
Fleming J
Court of Appeal Wellington
29, 30 September 1948 30 May 1949
Sir Humphrey O'Leary CJ Kennedy J Finlay J Gresson J Hutchison J
Public Revenue — Income-tax Beneficiary entitled to Annuity out of Estate from Date of Testator's Death — Estate Income retained by Executors for Ten Years on Account of Debts and Contingent Liabilities — Income-tax thereon paid by Trustees as Income in Their Hands — Ten Years' Annuity Arrears paid to Annuitant in Eleventh Year — Total Amount thereof assessed for Tax as on Income derived by Annuitant in That Tax Year — Annuitant assessed on Erroneous Basis — Double Taxation — Land and Income Tax Act, 1923, ss 79 (1) (g), 102 (a) (b) (d).

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