The ATO on Wed 31.7.2013, issued 2 Decision Impact Statements on:
- Weeks v FCT [2013] FCAFC 2 – In that case, the Full Federal Court unanimously dismissed a taxpayer’s appeal and confirmed that a termination payment made to her because her services could no longer be effectively utilised by her employer was not a “genuine redundancy payment” under s 83-175 of the ITAA 1997. The High Court subsequently refused the taxpayer special leave to appeal. The ATO said the Full Court’s decision was consistent with its view.
- Reardon & Anor v DCT [2013] QCA 46 – In that case, the Court of Appeal of the Supreme Court of Queensland, by a 2:1 majority upheld the decision of the court at first instance to grant summary judgment against 2 directors for directors’ penalties of $297,000 each arising under s 222AOC of the ITAA 1936. The High Court subsequently refused the taxpayers’ application for special leave to appeal. The ATO said the decision of the Court of Appeal was consistent with its view and current procedures.
[LTN 146, 31/7/13]