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Cross v Commissioner of Inland Revenue - [1987] 1 NZLR 498

$30.00

Court of Appeal Wellington
14 April; 22 May 1987
Richardson, McMullin and Somers JJ
Income tax — Profits derived from sale of land — Taxpayers subdivided land in stages — Whether there can be only one commencement date for such a scheme for the purpose of calculating gains on sale — Whether the commencement date is at the planning stage or the development stage — Land and Income Tax Act 1954, s88AA(1)(e) and (5).
Income tax — Assessments — Amendment after four years — Taxpayers filed with their return of income a freehold property account recording sales of sections but not treating the surplus as income — Whether there was an omission of income so as to enable the Commissioners to reopen and amend the assessment — Land and Income Tax Act 1954, s24.
Income tax — Objection procedures — Taxpayers objected to assessments n the grounds that they were "invalid, and wrong in fact and in law" — Whether that objection was sufficient to enable the taxpayers to claim the protection of s 24(1) of the Land and Income Tax Act 1954 — Inland Revenue Department Act 1974, s36.

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