Published tax cases July 2024
The select list of decisions published in July is below, with headnotes reproduced and links to the full text of the decisions.
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Federal Court:
Robson as trustee for the bankrupt estate of Lanning v Commissioner of Taxation [2024] FCA 720
4 July 2024 | Downes J
TAXATION – capital gains tax – where trustee in bankruptcy sold two properties of bankrupt – where capital gain resulted from sales – consideration of s 254 of Income Tax Assessment Act 1936 (Cth) and whether it applies to trustee in bankruptcy – whether capital gain derived in representative capacity – consideration of s 106-30 of Income Tax Assessment Act 1997 (Cth) – whether trustee in bankruptcy has ancillary tax liability
BANKRUPTCY AND INSOLVENCY – liability of trustee in bankruptcy to pay capital gains tax on real property which vested in trustee and was then sold – determined that trustee has ancillary tax liability
Full decision here
Maguire v Commissioner of Taxation [2024] FCA 761
8 July 2024 | Logan J
INCOME TAX – where the applicant appeals from objection decisions of the respondent Commissioner of Taxation in respect of amended assessments based on determinations under s 177EA of the Income Tax Assessment Act 1936 (Cth) that deny the applicant the use of imputation benefits from franking distributions, as well as penalties and interest – where, on the first day of trial, the parties jointly promote orders to the Court allowing the appeal and setting aside the Commissioner’s objection decisions – where the Commissioner admitted that the objection ought to have been allowed for the grounds specified in the notice of objection – appeal allowed
Full decision here
Rusanov v Commissioner of Taxation [2024] FCA 777
18 July 2024 | Downes J
TAXATION – appeal from Administrative Appeals Tribunal (AAT) in which the AAT affirmed two objection decisions made by the Commissioner of Taxation – burden of proof imposed on taxpayer by s14ZZK Taxation Administration Act 1953 (Cth) – where applicants failed to discharge burden of proof – no error of law shown – no procedural unfairness – appeal dismissed
Full decision here
Administrative Appeals Tribunal:
Dou and Tax Practitioners Board [2024] AATA 2580
19 July 2024 | Senior Member Beck
APPLICATION FOR REGISTRATION AS A TAX AGENT – whether the applicant has the required relevant experience to be registered – whether the applicant has worked under the supervision and control of a registered tax agent for the required period – paucity of evidence to demonstrate ‘supervision and control’ – decision under review affirmed
Full decision here
Coronica and Commissioner of Taxation [2024] AATA 2592
19 July 2024 | Senior Member G Lazanas
SUPERANNUATION – decision by Commissioner of Taxation to disqualify the applicant from acting as trustee of self-managed superannuation fund – multiple contraventions of the Superannuation (Industry) Supervision Act 1993 (SISA) established – nature and seriousness and number of contraventions – applicant not a fit and proper person – exercise of discretion – decision to disqualify applicant affirmed
Full decision here
CJYB and Commissioner of Taxation [2024] AATA 2640
29 July 2024 | Senior Member R Olding
TAXATION – INCOME TAX – burden of proof – whether PAYG credits form part of assessment under review – where applicant did not give evidence – decisions affirmed
Full decision here
Disclaimer: The information on this page is for general information purposes only and is not specific to any particular person or situation. There are many factors that may affect your particular circumstances. We advise that you contact Mathews Tax Lawyers before making any decisions.