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COURT CASES - Coggle Diagram
COURT CASES
RESIDENCY
Cohen
Ordinarily resident or not, lives out of SA for 2 years. Physical absence does not determine ordinarily residency.
A person is ordinarily resident in the country to which he intends to return from all his wanderings. The places he regards as his real home.
Kuttel
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A person is ordinarily resident where the person's principle residence is, habitually and normally resident.
SOURCE
(non-resident)
Lever Brothers
The money from a foreign creditor, is it an SA source. Money is utilised in SA hence SA source.
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ACCRUAL
People's Stores
Accrual means the taxpayer has become entitled to the amount on the date of sales, always included at face value.
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RECEIVED BY
Geldenhuys
The original number of sheep had to be returned to the owners at the end of the period of use, at the end the number of sheep was less, children entitled to full amount.
The amount is only included in gross income by a taxpayer if it is received by him on his own behalf, for his own benefit.
MP Finance
Even though the amounts received were immediately repayable, they were not loans but receipts.
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Pyott Ltd
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Deposits are generally still received and form part of gross income, if it is in a separate trust account it will not be treated as a deposit received.
Delagoa Bay Cigarettes
Whether the portion of sales that were set aside to pay for the prizes part of gross income as the lottery was illegal?
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CAPITAL IN NATURE
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George Forest Timber
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All asset are classified as fixed or floating capital. Floating capital is consumed in the production process and fixed capital is not.
Stott
Did the tax payer have a dual intention, holding the one part of land as capital and the other for profits?
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Levy
If there are two motives with one motive being dominant can the dominant prevail if it is capital in nature?
If there are mixed intention, the dominant one needs to be determined.