Solved by verified expert :The Business School
BULAW 3731 INCOME TAXATION – Law &
Practice
Assignment
Semester 2 – 2013
INSTRUCTIONS
See the Instructions and Assessment
Criteria in the Course
Description and make sure you follow them!
Please
answer all parts of the question
Attached to this document is a Checklist
to be filled in by you and attached to your essay/assignment. Read
this now before you start your research. If you have followed this checklist,
there is a good chance you will do well.
All work presented for assessment in this course must comply with
the
format outlined in
the University’s Presentation of Academic Work
publication,
available from the bookshop or on-line at
www.ballarat.edu.au/generalguide.
All essays must be accompanied by a signed official cover
sheet (‘Plagiarism Declaration Form’), available at
www.ballarat.edu.au/ard/business/student_info_webct.shtml and lodged as
appropriate for your campus.
You
MUST reference in the body of the essay every time you use information
from other people. This requires you to keep a track of where you
are taking information from and then writing the reference up. You should use the Harvard/APA style;
and use the University’s new Presentation of Academic Work. The Library’s website also has a
citation style guide site. If you
plagiarise (intentionally OR unintentionally) you will be given zero: see Regulation 6.1.1 for more details.
DUE
DATE: You will be advised by your Lecturer but Week 9 should be taken as a
guide. Please check with the
Course Description for details of where and when to submit your
assignment. If you need an extension you must ask for
one BEFORE the due date (unless this is impossible).
The assignment should not exceed
approximately 2000 words.
The assignment is worth 25%.
Assignment
Part A [Approx 50%]
Explain why the payment to the taxpayer in FCT v Dixon(1952) 86 CLR 540 was
assessable income but the payment in Scott
v FCT(1966) 117 CLR 514 was not.
In your answer you should include (but not necessarily be
limited to) the following:
i)
A brief statement in your own words of the facts of the cases.
ii)
Identify the issues raised and the relevant
legislation in the context of ITAA97.
iii)
Identify any cases and other sources of
information relevant to the issues and legislation.
iv)
Apply the law to the facts stating clearly why
one taxpayer was assessable and the other was not.
Part B [Approx 50%]
Nigel is a professional percussionist and performs with a
number of bands and orchestras. In order to practice, he set aside a special
room in his house that is soundproof and contains a variety of electronic sound
equipment. The room is used only for practice or performance related purposes.
He pays council rates, interest on the house mortgage, repairs and maintenance,
electricity and telephone expenses in connection with the house. He believes he
should be able to claim tax deductions for all these costs together with
depreciation on the room and equipment.
Explain the tax position to Nigel. In you answer you should:
i)
Identify the tax issues that are raised and the
relevant sections of the legislation.
ii)
Identify any cases and other sources of law or
information that apply.
iii)
Apply the law to the facts.
iv)
Express a conclusion in regard to the issues
identified and indicate any other information required.
University of Ballarat – The Business School
CHECKLIST
TO BE ATTACHED TO ASSIGNMENT IN BULAW 3731
Name:
……………………………………………………………..
Student No.
………………………………..
Please check that you have done the following. Tick the boxes to show you have!
q Submitted an assignment that is your own
work. (You may
discuss the essay topics with others but you cannot copy another’s work,
give your work to someone else to copy, or work closely with another student on
how to structure or write the essay.)
q The
assignment is no more than 2000 words long (excluding abstract, references,
bibliography).
q Read
and tried to address the criteria in the Course Description.
q Read
and addressed the issues raised in the University’s Presentation of Academic
Work
q Read
Regulation 6.1.1, Plagiarism and asked questions if you are unsure about what
it means.
q Referenced
direct quotes (use quotation marks or indent) AND summarising from another
person’s work in the body of the essay.
(This includes internet sources).
q Indicated
what referencing style you have chosen Harvard/APA
and USED IT.
q Answered
all parts to the question.
q Used
headings (even though this is not a report, headings are encouraged to assist
structure and flow).
q Proof
read the assignment for spelling, punctuation and grammar errors.
q Where
required, used relevant sections of legislation, legal rules/principles
q Where
required, used cases to support your points or arguments. These cases can be obtained from textbooks,
or the CCH online libraries, articles found via AGIS PLUS TEXT database
etc.
q Put
case citations in the body of the work as well as listing the case in the List
of References.
q Discussed
the issues as required and put arguments and gave your view.
q Used
a range of resources.
q Included
a title page with your name, student number, course code and name and
lecturer’s name.
q Have
a margin so comments can be added; put page numbers and your name and student number
on each page.
Signed by student:
____________________________________________
