Assess the significance of each of the following cases for


INSTRUCTIONS

1. Answer the question, below, in not more than 1,500 words in total (inclusive of footnotes).

2. A good answer will demonstrate the following qualities:

(i) A sound grasp of the relevant legal issues and principles.

(ii) An ability to explain the legal position comprehensively and clearly.

(iii) A good command of the English language and the ability to produce a document that meets professional standards in relation to grammar, spelling and punctuation.

3. Format: Answers must be typed and double-spaced. Page margins should be the usual Word default margins (approximately 2.5 cm). Use Times New Roman and 12 point font (this does not apply to footnotes / endnotes).

4. Bibliography: No bibliography is required, provided you use footnotes (or endnotes) to reference your sources.

5. Referencing: Follow the Australian Guide to Legal Citation, available at

https://www.law.unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf

or by googling AGLC and clicking on the relevant links.

6. Word count: Print the total number of words used in your answers on the cover sheet. A separate document entitled Assignment: Word Limit' explains how to do the word count.

7. Punctuality: In order to encourage punctuality, 5% will be deducted from your raw mark for each day, or part thereof, by which the date of submission exceeds the submission deadline.

8. Plagiarism: this will be penalised severely, normally by failure.

QUESTION

Assess the significance of EACH of the following cases for the development of Australian tax law:

Californian Copper Syndicate v Harris (1904) 5 TC 159

Whitfords Beach Pty Ltd v FCT 82 ATC 4031

Myer Emporium Pty Ltd v FCT 87 ATC 4363

Has the introduction of the capital gains tax diminished the importance of these cases in any respect?

MARKING

The assignment is compulsory and counts for 30% of your overall mark.

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