COMMISSIONER OF WEALTH TAX Vs. DOROTHY MARTIN

JUDGEMENT

(1.) THIS reference, under s. 27(1) of the WT. Act, has been made in circumstances hereinafter related. The assessee, Mrs. Dorothy Martin, is the daughter of one Arratoon Stephen, now deceased. By his will, dt. 15th Aug., 1925, the deceased settled certain properties in several trusts and appointed three gentlemen as trustees. He appointed his wife, Ella, as the guardian of his infant children during her lifetime and after her death the trustees were to be the guardians of the said children.

(2.) THE settlement in trust, which the deceased made in favour of his wife and children, is recited in paragraphs 7, 8, 9 and 10 of the will, which are quoted below:

(3.) ALTHOUGH the assessee was entitled to receive the annual interest only, accruing upon her share in the trust fund, the WTO included the entire value of the said share in the assessable wealth of the assessee and subjected the same to tax under s. 16(3) of the WT Act. Aggrieved by the order, the assessee appealed before the AAC and contended that: