A LAND TAX CASE.

Gisborne Times, Volume XXVII, Issue 2431, 20 February 1909, Page 5

A LAND TAX CASE.

SUPREME COURT DECISION

(Press Association.) WELLINGTON, Fob. Id

A question of liability to taxation was decided by Air. Justice Cooper to-day in a judgment on the case of Peck "and Heath (trustees .in the Heath estate) v. the Commissioner of Taxes. The plaintiffs are absentees. The point at issue was whether sections 1(5 and 2G of tile Land and. Income Assessment Act. 1907. -were retrospective, and applied only to. transactions that might appear to be in evasion ot the provisions of the Act. His Honor held that the legislature intended the Act to apply to past transactions with in a period of rive years before the passing of the Act where possession had not been given and at least 15 per cent, of the purchase money paid before the 31st- Alarcli, 190*. 3he vendor remained the owner .of the land if possession had not been given, and the purchase money had not been paid." Then, even though a conveyance might actually have been exercised and the vendor might thus have divested himself of any legal estate in the land, lie was still deemed to be the “owner” within the meaning o-. the Act. His Honor therefore deemed the -transaction in the present case to be within the statute. The amount payable by the plaintiffs m assessment was £.1009 9s lid, demanded hv the Commissioner. The plaintiffs were not entitled to any deduction.