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    <title>1970 (11) TMI 106 - IN THE PRIVY COUNCIL</title>
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    <description>An isolated acquisition-and-sale transaction is assessable as income only if the facts show a business-like profit-making scheme or an adventure in the nature of trade. On the stated facts, the dominant purpose of acquiring the brother&#039;s interest was to preserve the family holding and prevent a stranger becoming co-owner, not to buy for resale at a profit. The transaction was therefore treated as a realisation of capital rather than a profit-making undertaking, and the resulting profit was not taxable as income. Even the ordinary-income argument failed because it added nothing beyond the statutory inquiry into profit-making purpose.</description>
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      <description>An isolated acquisition-and-sale transaction is assessable as income only if the facts show a business-like profit-making scheme or an adventure in the nature of trade. On the stated facts, the dominant purpose of acquiring the brother&#039;s interest was to preserve the family holding and prevent a stranger becoming co-owner, not to buy for resale at a profit. The transaction was therefore treated as a realisation of capital rather than a profit-making undertaking, and the resulting profit was not taxable as income. Even the ordinary-income argument failed because it added nothing beyond the statutory inquiry into profit-making purpose.</description>
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