Tax Court Cases 2000 to 2004

2004? ? ?
?Date of Delivery ?Case Number ?Applicable Legislation ?Keywords
?11 February 2004 ?1990 ?Income Tax Act, 1962 ?Disposal of a portion of an interest in a partnership leading to a recoupment;
s.8(4)(a)
?19 March 2004 ?10999 ?Income Tax Act, 1962 ?Expenditure regarding know-how in terms of ss.11(a) and 11(gA)
?7 April 2004 ?11156 ?Income Tax Act, 1962 ?Deduction of a loss, trade carried on outside South Africa; s.20(1)(b)
?8 June 2004 ?11011 ?Income Tax Act, 1962 ?Reimbursement by employer of employees’ medical costs in an in house medical scheme; paragraph 2 (1) of the Fourth Schedule
?13 October 2004 ?11372 ?Income Tax Act, 1962 ?Whether exemption provisions of s.56(1)(d) applied to an inter vivos donation, the payment of which was postponed until death of the donor
?1 November 2004 ?11045 and 11046 ?Income Tax Act, 1962 ? Whether a taxpayer can rely on his own mistake as a basis for objection; s.81; whether the Commissioner’s decision to apply s.102 is reviewable
?9 November 2004 ?10849 ?Income Tax Act, 1962 ?Whether a person is entitled to tax exemption status in terms of s.10(1)(cA); whether the term ‘any law’ includes ‘foreign law’
?25 November 2004 ?11134 ?Income Tax Act, 1962 ?Taxation of ex-gratia payments

 

 

 

2003 ? ? ?
?Date of Delivery ?Case Number ?Applicable Legislation ?Keywords
?30 January 2003 ?10956 ?Income Tax Act, 1962 ?Whether scientific research expenditure constitutes gross income; ss.1, 8(a) and
11(p)(i)
?12 February 2003 ?10969 ?Income Tax Act, 1962 Deductions; loss on loan; s.11(a)?
?12 March 2003 ?ED 79 ?Estate Duty Act, 1955 Whether debts are due debts or not; s.4(b)
?19 March 2003 ?10699 ?Income Tax Act, 1962 Deductions; licence fee and legal fees;
s.11(a) and (gA)
?13 August 2003 10919? ?Income Tax Act, 1962 ?Trusts; distribution of losses; ss.25B(3) and 89quat(3)

 

 

 

2002? ?
?Date of Delivery ?Case Number ?Applicable Legislation ?Keywords
?25 March 2002 ?VAT 91 ?Value-Added Tax Act, 1991 ?Definition of ‘input tax’ in s.1
?10 May 2002 ?10797 ?Income Tax Act, 1962 ?Section 12C(6)(a)(i) as in 1992; interpretation of ‘connected person’
?14 May 2002 ?10915 ?Income Tax Act, 1962 Donations tax; validity of assessment; ss.54 and 58
?13 August 2002 ?10918 ?Income Tax Act, 1962 Share options ceded to a trust;
s.8A(6)(b)(i)