Blo5539 australian income tax law and practice - assignment


Answer all of the following questions.

QUESTIONS

i Michael is a surgeon. This was a stressful occupation. For relaxation Michael took a keen interest in gardening. Michael lives on 1 hectare of land and on this land he has an extensivegarden. He has also taken a number ofcourses in landscape design and flower arranging. Heoften sells flowersto friends to others who approach him to do flower arrangements. Most of his flower arrangements are for weddings, funerals, birthdays, anniversaries and other special occasions. He earns around $8,000 from his flower arrangements. As a surgeon Michael earns around $350,000 per year. Is the amount he receives from the sale of the flower arrangements assessable income and on what basis? Fully explain your answer.

ii Peter Ellis, arespected financial advisor, sued Global News for defamation. The article in Global News that Peter sued for implicated Peter in a fraudulent investment scheme. What was written about Peter was untrue and as a resulthe won his action and was awarded $100,000 damages. Is the amount of damages assessable income and on what basis? Fully explain your answer.

iii Mabel Renshaw was a very successful salesperson. She had worked for Excelsior Pty Ltd for the past 10 years. She had an extensive knowledge of the client base of Excelsior. The company was afraid that if Mabel left she would be able to utilise this information to the disadvantage of Excelsior by approaching clients of Excelsior and persuading them to do business with her rather than with Excelsior. Accordingly, an arrangement was entered into whereby Excelsior paid Mabel $70,000 not to set up herown business in competition with Excelsior, or work for a competitor of Excelsior, for a 5 year period after leaving Excelsior. Is this amount assessable income and on what basis? Fully explain your answer.

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