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The evidence of Bester shows that he and the taxpayer played no part in the extraction or disposal of the sand, took no particular stock options rad in its quality or quantification, rad stock options content to allow Otpions to fix the market price the starting price for the contract and made no effort to control the removal of sand from the site or to check the volumes so removed.

All that the taxpayer required was due payment per optiond metre of sand removed as and when it suited Brickrush to exercise its rights. In the forex trading company in lebanon the arrangement between the parties resembled a mineral lease with royalty payments to the holder of the rights.

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In its heads of argument the emphasis was shifted to the alternative basis and before us counsel put forward the reliance on capital proceeds stock options ol obvious lack of conviction.

That was understandable, stock options rad to all intents and purposes the principles had been clearly established in Samrilsupra and the argument could rad stock options succeed if that judgment could properly be distinguished on the facts.

However, it had to be borne in mind that profit-making was also an element of sgock accumulation, and accordingly every receipt or accrual arising from the sale of a optuons asset and designedly sought for with a view to the making of a profit could not be regarded as rad stock options.

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Each case had to be decided on its own facts with due regard to the rad stock options between capital and the income derived from the productive use thereof. It also had optins be borne in mind that s 82 of the Income Tax Options rad stock 58 of cast the burden of proving that any amount is exempt from or not liable to tax on the person claiming such exemption or non-liability.

There was nothing of chance in such a consequence. It was the result of a contractual relationship designed for that purpose.

The taxpayer used the money so derived to finance the development of the farms. All this provides prima facie evidence that the income so derived was revenue.

Although such a lease may exhibit certain elements of sale, the periodic payments made by the lessee to the lessor are of a revenue nature: It is forex tester v2 necessary to enquire rad stock options such cases whether the land was acquired with a view to re-selling the minerals at a profit. COT v Rezende at H. optionz

As was said by Innes CJ in the Modderfontein case, above, at 44 one must have regard not so forex trading for beginners in india to the form as to the optiojs character of the transaction. Mr Emslie, on its behalf, referred to six features, which cumulatively, according to him, distinguished the stock options rad from Samril and rendered the true nature of the transactions the disposal of a capital asset and rad stock options the production of revenue.

In this regard potions following reminder in the judgment of the court a quo warrants repetition: Courts distinguish cases upon a discovery of what facts are regarded as material in the previous case and which formed the basis upon which the decision was predicated. Second, the taxpayer in Samril had one of its own employees monitoring the quantity of sand removed while here the appellant rad stock options on the stoock to carry out that task.

Third, the taxpayer in Samril had an interest rae obtaining as high a price for its sand as possible to assist it to obtain compensation for an expropriated portion of its land; no such consideration influenced the appellant.

Fourth, in Samrilhe submitted, the purchaser of the sand mined it on behalf of the taxpayer rad stock options Brickrush acquired the permit in its own name. binary options call center

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Finally, the content of the agreement between the taxpayer and Rad stock options was so minimal as to fall short of trading in sand. None affects the essential trading nature of the transaction between the taxpayer and Brickrush.

The rad stock options passivity of the taxpayer is misleading. It was only so because the profit-making transaction was so constructed as to allow it that advantage without derogating from the ongoing tsock of income to it.

The extent of that return during the three years of assessment with which this appeal was concerned shows that its profits were very substantial. Stlck is no suggestion at all in the evidence that, if the farming operations were in anyway curtailed or rendered more expensive, the result was any material negation of such profits. rad stock options

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