W Thomas & Co Pty Ltd v Federal Commissioner of Taxation
[1965] HCA 54
•3 November 1965
HIGH COURT OF AUSTRALIA
Windeyer J.
W. THOMAS &CO. PTY. LTD. v. FEDERAL COMMISSIONER OF TAXATION
(1965) 115 CLR 58
3 November 1965
Income Tax (Cth)
Income Tax (Cth)—Deductions—"Expenditure for repairs not being repairs of a capital nature"—Meaning of "repairs"—Property purchased for use as an income-producing capital asset—Expenditure on putting property in order for such use—Income Tax and Social Services Contribution Assessment Act 1936- 1962 (Cth), s. 53. Income Tax (Cth)—Assessment—Power of Commissioner to amend—Full and true disclosure of material facts—Expenditure on repairs of capital nature charged to income in taxpayer's accounts and claimed as deduction—Details of expenditure supplied to Commissioner—Income Tax and Social Services Contribution Assessment Act 1936-1962 (Cth), s. 170 (3).
Decision
McAndrew v. Federal Commissioner of Taxation (1956) 98 CLR 263 Lindsay v. Federal Commissioner of Taxation (1961) 106 CLR 377
Law Shipping Co. Ltd. v. Inland Revenue Commissioners (1924) SC 74; 12 Tax Cas 621
Collector of Inland Revenue, Cook Islands v. A. B. Donald Limited (1965) 9 AITR 501
Federal Commissioner of Taxation v. Western Suburbs Cinemas Ltd. (1952) 86 CLR 102
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