Source: The Tax Specialist Journal Article
Published Date: 1 Aug 2012
The complexity of modern financial arrangements means that a revenue officer or a revenue practitioner must have what the author calls a “toolbox” containing the leading decisions on revenue law. It is important to know and to understand the authorities, both to comply with the principle of stare decisis and to be able to apply them to new situations as they arise. The purpose of this article is to provide such a toolbox.
The article first considers a leading decision on the extent of review by the courts or tribunals of decisions of the revenue authorities. The article goes on to examine the leading cases on statutory interpretation, equitable interests and equitable ownership, goodwill, and statutory rights to affix to, or imbed in, land utilities. The author concludes that the ingenuity of mankind will ensure that there will be a constant need to scrutinise new arrangements in light of the reasoning in the leading cases.
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