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GAZETTE

JANUARY/FEBRUARY 1983

Miscellaneous

Reccnt

U

.S. law graduate

seeks short-term volunteer .law clerk

position. Main interests in comparative and criminal law. Require only

small stipend for room and hoard. J. Packer, 2845 North Park Blvd.,

Cleveland Heights, Ohio 44118 U.S.A.

For Sale:

Three volume, 1982 edition of Company Law by Palmer

Publisher Stevens & Co. Price IR£130.00. Knocknagow Bookshop, 11

Mitchell Street, Clonmel, Co. Tippcrary. Tel. 052-23060.

1982 B

.C

.L.

(U.C

.D.)

graduate entering Blackhall Place in March 1983

seeks apprenticeship. Dublin preferred. Phone 977840.

Solicitor

required with minimum of three years experience in

litigation

and general

practice.

Please forward applications in writing with

Curriculum Vitae to George V. Maloncy & Co., 6 Farnham Street,

Cavan.

Assistant Solicitor

required for office in busy southern town. Must

have some experience. Partnership prospect for suitable applicant. Reply

with details to Box

No. 046.

Conveyancing work

part-time or full-time required by newly-qualified

(New Regulations) solicitor. Tel. 970509 evenings.

Solicitor

With over four years general practice experience seeks new

position

in Dublin city or county. Box No. 047.

Former legal secretary

will type in own home. Dublin 4. Box No. 048.

Revised Income Tax

Appeal Procedures

(Continued from p. 20)

3.

Wear and Tear Allowance - Section 26, Finance

Act, 1971.

The Appeal Commissioners have determined that

in the case of a refrigerated container Unit the

relief available under section 26 of the Finance

Act, 1971, may be allowed on the motorised

equipment which controls the temperature of the

unit but which is detachable from and is not an

integral part of the unit.

Tax Charge on "Dealer in Cattle''

The taxpayer was assessed to income tax for the

years 1965/66 and 1966/67 under rule 4, Case III of

Schedule D, Income Tax Act, 1918 and for the year

1967/68 under section 78, Income Tax Act, 1967, as a

"dealer in cattle" in respect of the activity of

intensive pig production on a holding of twenty seven

acres. An average of 2,000 to 2,500 pigs were kept on

the holding. The taxpayer did not breed pigs on the

land; he bought them in, fattened them and sold

them.

The Circuit Court Judge affirmed the assessments,

holding that the term "cattle" included pigs and that

the taxpayer was a "dealer in cattle". The High Court

ruled that "cattle" did not include pigs and this

decision was upheld by the Supreme Court.

In the Supreme Court the decision in the English

case of

Phillips v. Bourne

[1947] l.K.B. 533 which

decided that "cattle" in the Income Tax Act, 1918

included pigs was considered but not followed.

(P. DeBrun (Inspector of Taxes) v. Patrick J. Kiernan)

This case will be the subject of a tax case leaflet at a

later date.D

List of Measures enacted by the Oireachtas during the year 1982.

Title of Act

Number

Title of Act

Number

Foir Teoranta (Amendment) Act, 1982

1 of '82

Social Welfare Act, 1982

2 of '82

Transport (Tour Operators and Travel

Agents) Act, 1982

3 o f ' 82

Rent Restrictions (Temporary Provisions)

(Continuance) Act, 1982

4 of '82

Prevention of Electoral Abuses Act, 1982

5 of '82

Housing (Private Rented

Dwellings) Act, 1982

6 of '82

International Common Fund for

Commodities Act, 1982

7 of '82

Irish Shipping Act, 1982

8 of '82

British & Irish Steam Packet Company

Limited (Acquisition) (Amendment)

Act, 1982

.

9 o f ' 82

Companies (Amendment) Act, 1982

10 of '82

Litter Act, 1982

11 o f ' 82

Sea Fisheries (Amendment) Act, 1982

12 of '82

Irish Steel Holdings Limited

(Amendment) Act, 1982

13 of '82

Finance Act, 1982

14 o f ' 82

Trade Disputes (Amendment) Act, 1982

15 of '82

Gas Regulation Act, 1982

16 of '82'

Gas (Amendment) Act, 1982

17 of '82

Fuels (Control of Supplies)

Act, 1982

18 o f ' 82

Sugar Manufacture

(Amendment) Act, 1982

19 of '82

National Community Development

Agency Act, 1982

20 of '82

Local Government (Planning and

Development) Act, 1982

21 o f ' 82

Electricity (Supply)

(Amendment) Act, 1982

22 of '82

Social Welfare (No. 2) Act, 1982

23 of '82

Agricultural Credit Act, 1982

24 of '82

Exchange Control (Continuance)

Act, 1982

25 o f ' 82

Kilkenny Design Workshops Limited

Act, 1982

26 o f ' 82

Housing Finance Agency

(Amendment) Act, 1982

27 of '82

Control of Exports (Temporary

Provisions) Act, 1956 (Continuance)

Act, 1982

28 o f ' 82

Appropriation Act, 1982

29 of '82

22