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Abstract

This article examines the following question posed by Hill J in Liedig v FCT: is there a principle of tax law which holds that a trustee in receipt of income from his personal exertion must be deemed to derive that income beneficially so that he is not protected from personal assessment by s 96 of the Income Tax Assessment Act? In line with his Honour's finding, it is contended that there is no clear support for this principle in the authorities.

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