Why are tax disputes decided by the courts?
A number of tax disputes are decided by the courts of law because each of the parties involved believe they have a strong case, which naturally implies that the other party has a weak case. This is not confined to tax matters. I am reminded of a fable that was shared many years back.
What issues were not raised in the statement of grounds of appeal?
Issues that were not raised in the statement of grounds of appeal could not be pursued before the court. The court had to consider the taxpayers’ contention that the interest-free loans did not result in any ‘amount’ being “received by” them which could be, and was, wrongly included in their gross income.
What did the Commissioner and founders Hill approach the question whether the erven sold were capital assets or stockin-?
Both the Commissioner and Founders Hill approached the question whether the erven sold were capital assets or stockin- trade on the basis that Founders Hill had acquired capital assets: the Commissioner contended that the company had changed its intention and had become a trader in land.
Why is a realization company or trust required?
There are exceptional cases where a realization company or trust is required in order to facilitate the sale of assets (for example, where different people owned them, but to sell to best advantage the interposition of another entity is required).
What happened after Judge Sokhetye took a bite of the bigger bread?
As a solution Judge Sokhetye decided to take a bite of the bigger share and gobbled quickly. This was seen as a step in the right direction as the bigger bread was going to be approximately the same size as the smaller one. Unfortunately, after the bite, what was previously the bigger bread was now the smaller.
Why do parties lose in court?
Sometimes a party loses because a particular angle was not argued by the legal representatives. Sometimes the court views the matter from a completely different angle.
Is a bad settlement better than a good judgement?
ANALYSIS: A bad settlement is better than a good judgement. Two court judgements illustrate why it’s almost always best to settle out of court. As a member of the tax court, I have learnt to accept that there is wisdom in the proverb “a bad settlement is better than a good judgement”. A number of tax disputes are decided by the courts ...
Is a settlement better than a lawsuit?
As Abraham Lincoln not ed " A good settlement is better than a good lawsuit" and there are several advantages to businesses, as well as individuals mediating, as part of the dispute resolution process. Firstly, it can be cheaper and certainly quicker than proceeding to a long evidential hearing.
Can settlement be reached at a court meeting?
Going on with the court process remains a option. However, even where settlement is not reached at the meeting itself, it can provide the springboard for further discussions in the following weeks that make settlement possible.
Is mediation stressful?
Mediation can still be a stressful experience for individuals expected to take big decisions on settlement –and I think there is an element of stress taken out of the mediation when the participants are dialling in from their own offices or homes.
When Is The Best Time To Settle A Lawsuit?
There are several infection points on when to settle a case out of court. Let’s look at all the options, and all the possible outcomes to determine the best time to settle.
What is the most important factor to consider when settling a lawsuit?
The most important factor you should consider is the valuer of your case. Deciding when to settle a lawsuit highly depends on how much you could potentially get if you went through trial. Your attorney should be able to help you calculate the value of the case depending on injuries, and damages sustained.
How Do You Identify A Good Settlement Offer?
In general, if the offer is anything close to the value of your case, it would be a good idea to take it. Some people believe that a good settlement is when both parties are unhappy, because one coughed up more money than they wanted, and the other received less than expected.
What Are The Pros Of Settling A Case?
There are several advantages of settling a case out of court like the fact that a settlement is guaranteed, unlike a trial. You are also likely to receive the settlement money a lot faster, and the stress and anxiety associated with the case will be over and done with. The fact that you won’t have to go through a grueling court case is also a significant benefit.
What Are The Cons Of Settling A Case Out Of Trial?
Also, a settlement out of court will not get you compensation for punitive damages or the psychological closure that comes with getting justice in a courtroom.
What happens when you settle a case out of court?
When you settle a case out of court, the conflict ends immediately, instead of being dragged for months or years in a courtroom.
What happens after you file a lawsuit?
This is when the insurance company will start to realize how serious you are about suing them especially if you have a professional attorney fighting for you. At this point, you’ll receive a much higher settlement than you did before.
Why Settle?
There are two main advantages in agreeing to a settlement for both sides: speed and certainty. The road to trial is stressful and can take many years. Juries are notoriously unpredictable, and judges’ rulings can influence outcomes. Neither side can ever be certain of a win at trial, and an agreed-upon pretrial settlement eliminates that risk.
Best Among Bad Choices
For those who have not been involved in litigation, it’s easy to assume that any physician who feels their care was reasonable would want to have their day in court.
What is a mediation in insurance?
A mediation does allow you, the injured person, to have time to discuss your case with the mediator and present your case to the other side. This is “your day in court” and it is helpful as part of the resolution of your claim/case. An opening statement is usually made by the lawyer representing the injure party. The injured person, if they care to do so, may make an opening statement as well to let the insurance folks know how they feel about the injury, their medical treatment and their ability to recover from the injury and why they would even consider settling their claim. All in all it is a process worthwhile.
How much does mediation cost?
The cost of a mediation is usually $300 an hour but it is not difficult at all to have the insurance company agree to pay for this cost therefore making it free for the worker or for the plaintiff to attend. In this case there is nothing to lose but time to prepare for the mediation.
Can you walk away from a settlement mediation?
There are times when we just need to walk away from the settlement mediation because the insurance company adjuster and their attorneys are not looking at the real value of the case. There is no harm to walk away from a settlement mediation if the numbers are not right. Walking away or terminating a mediation usually does not affect or change the case at all if there is a failed mediation. However, I have had some instances when the insurance company decided to retaliate for a failed settlement mediation by attempting to petition the court in changing the treating physician. Sometimes this tactic is used by me if we have the evidence to support a change of physician for further medical treatment.
Is a settlement mediation good?
Whether you have an automobile accident case or a job injury case and the insurance folks want to have a settlement mediation it is usually a good thing. Timing is everything.