The Herald and Weekly Times Ltd v Federal Commissioner of Taxation: 21 Nov 1932

(High Court of Australia) The taxpayer newspaper sought to set off against its liability to income tax, sums which it had paid out in damages for defamation.
Held: They were deductible. Such claims against a newspaper are a ‘regular and almost unavoidable incident of publishing it’ and the damages are compensatory rather than punitive.
Gavan Duffy CJ and Dixon J
(1932) 48 CLR 113, [1932] HCA 56
Cited by:
CitedMcKnight (Inspector of Taxes) v Sheppard HL 18-Jun-1999
The taxpayer sought to set off against tax some pounds 200,000 spent defending professional disciplinary proceedings. The House was asked whether this was ‘money wholly and exclusively laid out or expended for the purposes of the trade.’
Held: . .

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Updated: 16 May 2021; Ref: scu.266054