Smith v Commissioner of Inland Revenue - [1987] 1 NZLR 727

Income tax — Objection procedures — Profits derived from sale of land — Objections to assessments made by taxpayer in 1980 and 1981 and Commissioner filed case stated in 1985 — Taxpayer by interlocutory application sought cancellation of the assessments on the ground of delay — Whether interlocutory application is a "hearing" of the case stated — Land and Income Tax Act 1954, s 32(11).

Income tax — Profits derived from sale of land — Dispute between taxpayer and the Commissioner as to when scheme or undertaking was commenced — Whether it is necessary for the Commissioner to specify the date of such commencement in his assessment — Whether a scheme or undertaking can be said to have commenced before there was any physical work or contractual commitment in respect of the development — Land and Income Tax Act 1954, s 88AA(1)(d).