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In which case(s) were the compensation payments received by the taxpayer treated as capital in nature? Californian Oil Products Ltd (in liq) v FCT (1934) Van den Berghs Ltd v Clark (Inspector of Taxes) (1935) Glenboig Union Fireclay Co Ltd v IRC (1922) Heavy Minerals Pty Ltd v FCT (1966) Allied Mills Industries Pty Ltd v FCT (1989)

Question

In which case(s) were the compensation payments received by the taxpayer treated as capital in nature? Californian Oil Products Ltd (in liq) v FCT (1934) Van den Berghs Ltd v Clark (Inspector of Taxes) (1935) Glenboig Union Fireclay Co Ltd v IRC (1922) Heavy Minerals Pty Ltd v FCT (1966) Allied Mills Industries Pty Ltd v FCT (1989)

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Solution

The compensation payments received by the taxpayer were treated as capital in nature in the following cases:

  1. Californian Oil Products Ltd (in liq) v FCT (1934)
  2. Van den Berghs Ltd v Clark (Inspector of Taxes) (1935)
  3. Glenboig Union Fireclay Co Ltd v IRC (1922)
  4. Heavy Minerals Pty Ltd v FCT (1966)
  5. Allied Mills Industries Pty Ltd v FCT (1989)

In each of these cases, the courts determined that the compensation payments were not income but were instead capital in nature. This means that they were not subject to income tax but were instead subject to capital gains tax. The specific circumstances of each case varied, but the general principle was that if the payment was compensation for a loss of capital (such as the loss of a business or a significant asset), then it was considered capital in nature.

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