High Court Wellington
24 February; 23 April 1948
Sir Humphrey O'Leary CJ
24 February; 23 April 1948
Sir Humphrey O'Leary CJ
Public Revenue — Income Tax — Assessable Income — Deductions — Testator leaving Residue of Estate to Beneficiary, subject to Annuity to Testator's Daughter — Trustees selling certain Land and Other Assets to Residuary Beneficiary who covenanted with Trustees and Annuitant to pay Annuity — Transfer of Remaining Assets to Beneficiary — Mortgage of Farm Land to secure such Payment — Amount of Annuity not Deductible — Payment of Annuity not "exclusively incurred in the production of the assessable income" of Year of Payment — Land and Income Tax Act, 1923, s 80 (1) (b) (2).
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