Australian Taxation Assignment

INSTRUCTIONS

1. Answer the question, below, in not more than 1,500 words in total (inclusive of footnotes).

2. A good answer will demonstrate the following qualities:

(i) A sound grasp of the relevant legal issues and principles.

(ii) An ability to explain the legal position comprehensively and clearly.

(iii) A good command of the English language and the ability to produce a document that meets professional standards in relation to grammar, spelling and punctuation.

3. Format: Answers must be typed and double-spaced. Page margins should be the usual Word default margins (approximately 2.5 cm). Use Times New Roman and 12 point font (this does not apply to footnotes / endnotes).

4. Bibliography: No bibliography is required, provided you use footnotes (or endnotes) to reference your sources.

Referencing: Follow the Australian Guide to Legal Citation, available at http://www.law.unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf or by googling AGLC and clicking on the relevant links.

QUESTION

Assess the significance of EACH of the following cases for the development of Australian tax law:

Californian Copper Syndicate v Harris (1904) 5 TC 159

Whitfords Beach Pty Ltd v FCT 82 ATC 4031

Myer Emporium Pty Ltd v FCT 87 ATC 4363.

Has the introduction of the capital gains tax diminished the importance of these cases in any respect?