Thesis (doctoral)--Friedrich-Alexander-Universität Erlangen.

Thesis (J. SC. D.)--Columbia University, 1940. / Published also without thesis note. Vita. "Table of cases": p. xiii-xxi. eContent provider-neutral record in process. Description based on print version record. Bibliography: p. xxiii-xxix.

Thesis--Universität Köln.

Thesis (J. SC. D.)--Columbia University, 1940. / Published also without thesis note. Vita. "Table of cases": p. xiii-xxi. Bibliography: p. xxiii-xxix.

'In this world nothing can be said to be certain, except death and taxes'. If one agreed with this statement, made by Benjamin Franklin one year prior to his death, one could come to the ultimate conclusion that there has to be a special certainty about capital transfer taxes, estate duties, inheritance taxes or other death duties levied on deceased estates. There seems to be no reason whatsoever to doubt the final truth of the first part of Franklin's statement. But is it also right to assume that there is a certainty about taxes or, what is more, to draw the conclusion that there could be a special certainty about the different types of taxes connected with the death of an individual? On the one hand it seems to be true. There are only a few countries throughout the world levying very limited or no taxes at all, and if one forgets about a few tax havens, like the Caymen Islands for example, one is also inclined to agree with the latter part of Franklin's statement - there seems to be certainty about the levying of taxes. But, on the other hand, is the amount of taxes, especially the amount of capital transfer taxes, estate duties, inheritance taxes or other death duties levied on a persons death, always that certain? The avoidance of double taxation has been an objective of most of the world's nations since the negotiation of the first Income Tax Convention in the middle of the nineteenth century. The development of most of the world's countries into modern industrial nations, with trade links all over the world, gradually demonstrated the problems which can arise if one country levies taxes without considering the levying of an equal or similar tax in another country. Today the negative consequences of double taxation on the movement of goods, services and capital are widely understood by modern states enacting tax systems for their citizens.

No description available.

no abstract provided by author / Master of Science

In section 3(3)(d) of the Estate Duty Act 45 of 1955 (the Act) the legislature introduced the concept "competent to dispose", described in section 3(5) of The Act as a "power". If the deceased was "competent to dispose" property for his own benefit or that of his estate, section 3(3)(d) deems that property to be property of the estate. In order to determine when property may be deemed property of the deceased estate it is necessary to analyse the meaning of section 3(3)(d) as read with section 3(5) of the Act. An analysis of section 3(3)(d) of the Act indicates that it may be applied to those with a legal right to dispose of property for their own benefit or for the benefit of their estates. This interpretation is based on the meaning of "competent to dispose", and "power" as derived form the analysis. / Private Law / LL.M.

Zugleich: Diss. Köln, 2008. / Literaturverz.

Thesis (Ph. D.)--University of Chicago, August 1999. / Includes bibliographical references. Also available on the Internet.