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The issue in this case is whether the shares in the blue - chip companies trading stock for Rumpole ? Trading stock is an asset

The issue in this case is whether the shares in the blue - chip companies trading stock for Rumpole ? Trading stock is an asset , but is one of the general exceptions of capital gain tax . Division 70 ITAA97 contains a statutory tax accounting regime for " trading stock ". Section 70-10 defined " Trading stock " and it includes anything produced , manufactured or acquired that is held for purposes of manufacture , sale or exchange in the ordinary course of a business ; and livestock . The key to determine trading stock is the purpose of holding . Livestock is defined under s 995-1(1) as maintaining animals for the purpose of selling them or their bodily produce and taking or culturing pearls or pearl shell which is a primary production business . In conclusion , the shares in the blue - chip companies are not a trading stock for Rumpole . This is because it does not fall in any category under trading stock . A share trader buys shares will not make the all of their shares a trading stock .

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