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HI6028 Taxation Theory Practice And Law

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Questions

1. Case study 1: Residence and source 

Kit is a permanent resident of Australia. He was born in Chile and retains his Chilean citizenship. Kit spends most of the year working off the coast of Indonesia on an oil rig (or a United States company. He was recruited for this job in Australia and signed a contract with the company here. For the last four years, Kit's wife has lived in Australia with their two children, They purchased a home in Australia three years ago. Kit and his wife have a Mint bank account with Westpac Bank Kit's salary is paid directly into his account. All of the family's other investments, including a share portfolio that generates dividend income, remain in Chile. Kit gets one month of from work every third month and on these occasions. he meets with his family either in Australia or on holidays around South America (usually in Chile where his parents reside). 

Discuss whether Kit is a resident of Australia and how his salary and investment income would be taxed.

2. Case study 2: ordinary Income 

Explanations of the respectwe outcomes reached by the courts in the following cases which all involving sales of land:
 
I. Californian Copper Syndicate Ltd v Ilanis (Surveyor °(rams) (1904)5 TC 159
II. Scottish Australian Mining Co Ltd v FC of T (1950)81 CLR 188
III. FC of Tv Whitfords Beach Poi la (1982)150 CLR
IV. Statham & Angry FC of T89 ATC 4070
V. Caslmoty v FC of T97 ATC 5135
VI Mama Sand Pty Ltd v FC of T88 Alt 4897
VII. Crow v Prof T88 ATC 4620
VIII. McCurry & Anor v FC of T98 ATC 4487 
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