Case Note on Fletcher Essay Example for Free

Case Note on Fletcher Essay The facts of this case were that the taxpayer (and three others in partnership) entered a complex scheme, which involved the partnership, and annuity and loan arrangements. The scheme was financed through a series of round robin cheques and promised substantial deductions in the first five years of the 15-year plan. A number of documents were exchanged but no cash payments were made. This was calculated to return neutral cash flows with high tax deductions initially and high assessable income, especially in the last five years. A feature of the scheme was that there was an opportunity to terminate it in the last five years. In the relevant year the partnership derived assessable income of $170,000 and claimed deductions of $360,000. The issue before the court was whether the taxpayers were entitled to a deduction for interest. A lot of matters were argued before the case reached the High Court but before the Full Court the Commissioners contention was that the interest deduction should apportioned and disallowed under s 51(1) to the extent that it exceeded the partnership income. Their Honours indicated that if a taxpayers costs in deriving income were less than the actual income, the deductions would be allowable. However, if the costs exceed the income derived, the taxpayers purpose for making the expenditure may be relevant in characterizing and apportioning the expenditure for the purpose of the general deduction provision. This may include the taxpayers purpose for incurring the expenditure. Manson CJ, Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ said (at ATR 622-3): The position may, however, well be different in the case where no relevant assessable income can be identified or where the relevant assessable income is less than the amount of the outgoingthe disproportion between outgoing and income, the whole outgoing is properly to be characterized as genuinely and not colourably incurred in gaining or producing assessable income, the entire outgoing will fall within the first limb of s 51(1) unless it is somehow excluded by the exception of. Their Honours concluded that the issue of whether the taxpayers interest deduction would be allowable depended on the determination of whether the 15-year annuity plan would in fact runs its full course. The matter was  remitted to the Administrative Appeals Tribunal to determine, as a matter of fact, whether the scheme would run its full 15 years or whether it would be terminated before the last five years. In the former situation, the assessable income would exceed deductions and the interest would be an allowable deduction unde r s 51(1). In the latter situation, an explanation must be sought for the excess of deductions of some $2.7m over assessable income and to the extent that the explanation lay in substantial tax advantages, the outlays were not incurred in gaining assessable income. On the issue of whose purpose must be considered, the court made the following comments: In the circumstances of the present case, its determination involves consideration not only of the purposes of the taxpayers but also of the purposes of those who advised them and acted on their behalf and whose acts (and intentions) as agents must, as the Second Tribunal expressly pointed out, be imputed to the principals. Reduced to its essential elements, if income exceeds outgoings, the taxpayers motives are largely irrelevant. If there is no assessable income or outgoings exceed income, a practical and common sense weighing up of all factors is warranted, including the taxpayers motive. As was anticipated in Phillips case, a disparity between outlay and income may trigger a more rigorous examination of a contract or arrangement. As was suggested in Ures case, the absence of a commercial quid pro quo will raise questions about the purpose of the expenditure. Where there is a dual purpose, or a purpose other than income production, expenditure is to be apportioned and there will be circumstances where purpose may mean subjective purpose or motive.

Heroes in Wonderful Fool and The Sailor Who Fell from Grace with the Se

Expectations of Heroes in Wonderful Fool and The Sailor Who Fell from Grace with the Sea  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚         In a human being's search for spiritual peace throughout life, he constantly turns to outside sources for the answers to his questions. Some people quench their curiosity in a god or religion; some find release through the use of foreign chemicals. Many people, however, turn to another person in their time of personal questioning, soliciting answers from their own pseudo-hero. This character is one who, by virtue of his exotic origin, is chosen by the person to fill a void or achieve a goal. The hero is expected to meet certain qualifications based on his devotee's heroic ideal. However, no one can successfully accomplish the objectives set for them by another person, especially when they are personally unaware of these goals. In many instances, this leads to disillusionment and bitterness in the person who has determined these goals. This is the case with the main characters in the novels Wonderful Fool and The Sailor Who Fell from Grace with the Sea. The "heroes" in these books, Gaston Bonaparte and Ryuji Tsukazaki, are constantly expected to fulfill the fancies of those who venerate them. The inability of both Gaston and Ryuji to automatically satisfy these expectations ultimately leads to a sense of indignation and betrayal in their respective devotees, Tomoe and Noboru. This disappointment is fueled not by the failure of Gaston and Ryuji to achieve the goals set for them, but rather by the arrogance assumed by Tomoe and Noboru in expecting their preset qualifications to be fulfilled. Shusaku Endo's novel Wonderful Fool is a work filled with characters who receive something contrary to their expectations. The... ...ed leveling of charges. However, there is one major difference. Tomoe, unlike Noboru, realizes her own hubris near the end of Wonderful Fool and feels as if it has been somehow defeated by having "lost out" to a fool: "This feeling of having been beaten was to Tomoe, who prided herself on being a very knowledgeable young lady, particularly disagreeable" (Endo 185). Noboru, on the other hand, takes his egotism to the extreme, using the crimes he has accused Ryuji of committing as sufficient reason to condemn him to death, in order to â€Å"make him a hero again" (Mishima 163). In each case, the arrogance assumed by Tomoe and Noboru is not realized in time to redeem their heroes, who in turn vanish from the lives of their devotees, never to return. Works Cited: Mishima, Yukio. The Sailor Who Fell From Grace With The Sea. Trans. John Nathan. New York: Vintage, 1994.

Analysis of the opening sequence of ‘To kill a mocking bird’

The film portrays the innocence and world of play of a tomboyish six year-old girl and her ten year-old brother, and their perception of their widowed attorney father. They also fantasise about an outsider who inhabits a mysterious house in their neighbourhood. Abruptly brought out of their carefree world by their father's unpopular but courageous defence of a black man falsely accused of raping a Southern white woman. Although racism dooms the accused man, a prejudiced adult vengefully attacks the children on a dark night – they are unexpectedly delivered from real harm in the film's climax by the reclusive neighbour, â€Å"Boo† Radley. The opening shot of the film contains the universal international globe spinning, along with a simplistic piano solo. The piano solo loses us in a child's world, as the music has an element of innocence and simplicity. The camera then pans to an overhead shot of a worn box. The simplistic, childlike music is then accompanied by the child's effort to make music of which is very basic. The audience is unaware of the gender of the child. However the child's tone gives the audience the impression that it is a little girl, therefore it may be scout. A young pair of hands appears to open the box revealing a collection of valued treasures, including crayons (new and used), a mechanical pencil, two carved soap doll figurines – one male and one female, an old broken pocket watch, a skeleton key, a broken pocket knife, a medal, a few marbles, jacks, chalk and other minor objects. Each of these items are emphasised, some of these items are related to the storyline, for that reason the producer could have done this to allow the audience a swift summary of the film, however their significance is not appreciated until the end. As she opens the box she sings, hums and giggles to herself, these gestures flow with the music. It's almost as if the child is expressing her emotions though the music allowing the audience to relate more to her character. She then colours over lined paper with a round crayon, revealing the title of the film in white letters, her tone sounding almost satisfied with the outcome. The camera circles slowly from left to right along various collections of carefully-arranged objects in magnified close-up. After viewing the opening sequence numerous times. A black and a white striped marble are emphasised by the camera, leaving the viewer questioning their relevance. The white ball is then set in motion by the child. The white marbles then collides with the black marble. By this action the producer could be implying the racial tension between blacks and whites. After drawing a simple, stick-figured ‘mockingbird', the girl shades in the winged creature and then rips the paper through the bird. With this gesture, the girl giggles and sighs pleasingly. This action could also relate to the division in her society. Symbolism plays a large role in the opening sequence; the objects that appear behind the opening credits include a pocket watch, pearl necklace, whistle, marbles and a child's drawing of a bird – they are all items that gain meaning as the story unfolds. The music is very important in the opening sequence; it begins with a simplistic, childlike piano solo, and then develops by almost expressing the girl's emotions and actions. The music varies with her every action, when she colours in the music becomes the base tune as the scribbling and the girl's self satisfaction or dissatisfaction is expressed in her tone of humming and singing. The music almost acts as a teleport taking the audience in to the film; this could assist them, in their understanding of the child and her actions. The way the producer has: angled the cameras, so that the symbols appear all different dimensions it makes the items either fragile and delicate or sturdy and imposing, and the way they have used significant symbols to set the scene make the viewer feel intent on finding out the significance of them in the storyline. Overall the use of music, symbolism, and camera angles set the scene perfectly as there are hidden meanings and hints of what may unravel. The music acts as the child's emotional state, and allows the audience to relate and experience her little world. While the use of symbolism helps the audience visualise the world of a child and relate to her ability. Finally the way the producer has angled the camera, emphasising the objects that have significance in the storyline helps the audience understand the vulnerability a child has. The use of all of these techniques helps the audience relate to the child and the objects relevance in relation to the film.

Essay on The Motives of a Dishonest Man Iago in Othello

One of the most outrageous literary vilians of all time is William Shakespeare’s Iago. Iago has been described with many words; villian, antagonist, cruel, selfish, malignant, chaotic, etc. What motivation could one have that would posses them to act in ways to be labeled as such? Are there even any motives present, or is it just the nature of the character that gives Iago his naturaly naughty personality. Many people see the main motive of Iago’s chaotic nature as the simple fact that he can do it, so he does. This statement is false. The abilities that Iago possesses may incline him to do what he does, however are they his sole purpose? The answer is absolutely not. Carrying a gun around may leave you more inclined to use it, however†¦show more content†¦Iago could possibly be just as Coleridge said, motiveless, and give an excuse for his motives so he will not appear as cruel. As many evil acts as Iago initiates, it may seem hard to believe that he would lie to the audience who already knows his evil plan, only to make himself seem better. However taking a different approach, as a compulsive liar why wouldn’t Iago lie to the audience? In fact, in Act I lines 57-65, Iago states â€Å"I am not what I am.† This statement gives Coleridge an even stronger stand in that now Iago has given the audience a personal testimony. Yet, no matter how strong Coleridge’s view may seem, it is completely incorrect, the motive is there it just may seem to be hard to see. One thing that can be concluded about Iago is that he is not an honest man, and that Othello has mislabeled him drastically. Iago’s character through a strategic and well planned manipulation process eceive many of the other characters. He uses carefully thought out words and actions to manipulate others to do things in a way that benefits himself, while also pushing Othello, Desdemona, Roderigo, Emilia, and Cassio to their tragic death. Not only is he betraying his commander he is also using his wife, lying to his friend, and getting back at his enemy! Iago’s character has learned to use a high intensity of deception. Iago pretends to be this sweet innocent man, while in reality the audience knows hisShow MoreRelatedHuman Nature And Evil Nature1227 Words   |  5 Pagesalthough placed in a simulated environment, allowed thei r evil nature to triumph and, as a result, abused the civil rights of others. Throughout history, literature has portrayed this transgression of human nature and revealed evil’s presence, goals, motives, and strategies. His cunning tactics cause Eve to disobey and betray God, resulting in both her and Adam’s banishment from Heaven. Satan’s transformation has not only elucidated the contrast between good and evil but also created an irreversibleRead More Iago as a Satan Figure in Shakespeares Othello Essay1441 Words   |  6 PagesIago as a Satan Figure in Othello      Ã‚   The play Othello by William Shakespeare is based on an Italian story in Giraldi Cinthios Hecatommithi (Groliers). In Othello we encounter Iago, one of Shakespeares most evil characters.   Iago is an ensign in Othellos army and is jealous of Cassios promotion to Lieutenant. Through deception and appearance, we see unfolded a plethora of lies and clever schemes. The astonishing thing about Iago is that he seems to make up his malicious schemes asRead MoreHeroes and Villains: Iago and the Extent of Human Potential in Shakespeare’s Othello1646 Words   |  7 PagesThe character of Iago has traditionally been viewed as the most infamous villain in all of Shakespeare. 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