Ferguson v Donovan

JurisdictionIreland
Judgment Date14 July 1929
Date14 July 1929
CourtSupreme Court (Irish Free State)
[H. C., S. C., I.F.S.]
Trustees of Ferguson
deceased
and
Donovan

Trade carried on abroad - Profits from an Australian sheep farm -Trustees of property resident in the Irish Free State - Liability to assessment - Farm controlled and managed by firm in Australia - Income Tax Act, 1918 (8 9 Geo. 5, c. 40), Sch. D, par. 2, Cases I and V.

F. had been, and was at the date of his death in September, 1920, a resident in Co. Cork. He had been assessed in that county to income tax for some years previously under Case I of Sch. D. of the Income Tax Act, 1918, and the corresponding provisions of the earlier Acts, in respect of the profits of a sheep station in Now South Wales, which had been owned, controlled, and managed by him with the assistance of a firm in Sydney, D. & Co. Under his will the sheep station became vested in five trustees, of whom three resided in the Irish Free State and two in England. Shortly after F.'s death the trustees, acting under the powers conferred upon them by F.'s will, instructed D. & Co. to continue, on behalf of the trustees, to supervise and manage the sheep station as in F.'s lifetime. In January, 1921, the trustees executed a Power of Attorney to two solicitors in Sydney to take out a grant of administration with the will annexed to the Australian property of F., and this power directed the attorneys to concur with and assist in every way D. & Co. (who were therein stated to have the control and management of the sheep station), it being the express wish of the trustees that the said station lands should not be sold under this power, and that the control and management of the station should remain in D. & Co. In November, 1922, a Power of Attorney was executed in favour of two persons (of the firm of D. & Co.) to manage the sheep station and generally to exercise any powers (except the power of sale) exercisable by the trustees under F.'s will in connection with the sheep station. Since the death of F. neither the trustees nor the beneficiaries under his will interfered in any way with the management of, or in the policy of working, the station, or in the purchase of...

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