In the case of Scottish Australian Mining Company Ltd v FC of T(1950) 81 CLR 188, the High Court reached a decision that was very different from the one reached in Whit fords Beach Pty Ltd v FCT82 ATC 4031.

Discuss these two cases and explain the reasoning of the Court in each of them. Your answer should include your view as to the circumstances where the sale of real estate would be classified as ordinary income as opposed to a capital gain.

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The cases of Scottish Australian Mining Company Ltd v FC of T 1950 81 CLR 188 and Whitfords Beach Pty Ltd v FCT 82 ATC 4031 involve the issue of wheth... View the full answer