Taking the taxation effect into account in the assessment of damages

Graw, Stephen (2015) Taking the taxation effect into account in the assessment of damages. In: [Presented at the 2015 Australasian Tax Teachers Association Conference]. From: ATTA 2015: Australasian Tax Teachers Association Conference, 19-21 January 2015, Adelaide, SA, Australia.

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Abstract

The 'compensation principle' is generally taken to underpin any award of damages. That is, plaintiffs should not receive more in compensation than the loss they incurred because of the defendant's wrongful act (though awards of exemplary or additional damages are exceptions to this general rule). Calculation of those damages is, however, complicated if what was lost was taxable but the damages are not. In such cases what amountws are the courts to award. This paper examines the 'rules' that have been developed to assess quantum in cases, both, where the loss and the compensation are both taxable and where the loss was taxable but the compensation is not.

Item ID: 53240
Item Type: Conference Item (Presentation)
Keywords: damages; or taxation
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Date Deposited: 07 Aug 2018 01:15
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180123 Litigation, Adjudication and Dispute Resolution @ 50%
18 LAW AND LEGAL STUDIES > 1801 Law > 180125 Taxation Law @ 50%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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