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Law Assessment Task

PART A

The Port Elizabeth Electric Tramways and Joffe cases both involved the payment of compensation due to an accident and the deductibility of the expense in determining taxable income.  Notwithstanding the similarity of the circumstances, different decisions were handed down

REQUIRED:

  Compare the two cases, also with reference to other cases dealing with compensation or damages.

PART B

In Mallalieu v Drummond (Inspector of Taxes), 1983(2) All ER 1095, the English court looked at the use to which the clothing was put and found that it also served the personal and private requirements of the taxpayer in keeping her warm and decently clothed.  In ITC 1381, 46 SATC 75, the Special Court held that the white safari suits worn by a medical practitioner were really items of ordinary civilian clothing with no special characteristics and that the court was therefore satisfied that the safari suits fulfilled to dual role of working and ordinary wearing apparel.  In both cases, because of the dual role fulfilled by the clothing, the taxpayers were denied a deduction for the expenditure incurred on the clothing.

REQUIRED:

  discuss whether a taxpayer would now (after the amendment to section 23(g) of the Income Tax Act) succeed in a claim for a deduction of the expenditure on clothing and, if so, whether and how the courts are likely to apportion such expenditure.

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  • Uploaded By : Keith
  • Posted on : December 02nd, 2018

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