Lewski v. Commissioner of Taxation – ‘Decision Impact Statement’ following beneficiary escaping amended assessments

On 14 December 2017, the Commissioner issued the following Decision Impact Statement about the Full Federal Court decision of Lewski v Commissioner of Taxation [2017] FCAFC 145. This is an important decision on both when an amount is ‘incurred’, for general deduction purposes, and also on the effect of making income distribution resolutions on an…

Lewski v CofT – Amended assessments to discretionary beneficiary overturned by the Full Federal Court – an overview

The Full Federal Court handed down its judgement in Lewski v Commissioner of Taxation [2017] FCAFC 145 on 18 September 2017, overturning the AAT’s decision, in : Re TVKS and FCT [2016] AATA 1010. The Court set aside the Commissioner’s amended assessments to Mrs Lewski of $10.1m in the 2006 year and $3.1m in the 2007 year. There were…