*Fowler v FCT – Taxpayer appeals from Federal Court decision that he acquired employee share scheme shares about 2 months later than he contended (44)

The taxpayer has lodged a notice of appeal to the Full Federal Court against the decision of Kenny J in Fowler v FCT [2012] FCA 1040. The Federal Court had held that, for the purposes of the former ITAA 1936 employee share scheme (ESS) provisions (Div 13A), a taxpayer acquired a right with respect to…

*Australia and New Zealand Banking Group Limited v Konza – taxpayer will not be seeking leave to appeal from decision that s264 gave right to Vanuatu details (42)

Thomson Reuters has confirmed that the taxpayer will not be seeking special leave to appeal to the High Court from the decision of the Full Federal Court in Australia and New Zealand Banking Group Limited v Konza [2012] FCAFC 127. The Full Court had unanimously confirmed that notices issued by the ATO under s 264…

Re Nelson and FCT – taxpayer appeals AAT decision that he was not carrying on primary production business and not entitled to deductions (41)

The taxpayer has appealed to the Federal Court against the decision in AAT Case [2012] AATA 579, Re Nelson and FCT. The AAT had affirmed that the taxpayer was not carrying on a business of primary production during the 2004 to 2009 years of income on his 500 acre property in Queensland and that therefore…

*Commissioner of Australian Federal Police v Dickson and Ors – No revocation of orders to provide statement of assets in alleged tax fraud matter (37)

The NSW Supreme Court has dismissed applications by various defendants to revoke orders previously made by McCallum J on 5 April 2012 under s 39(1) of the Proceeds of Crime Act 2002 (Cth) for the defendants to provide sworn statements of their interests in assets on a world-wide basis. The orders related to proceedings against…

Re NaughtsnCrosses Pty Ltd and Innovation Australia – R&D activities not systematic or experimental (36)

The AAT has upheld an IR&D Board decision refusing to register a particular project for the purposes of the former R&D tax concession. The taxpayer, an IT company, incurred expenditure in 2002-03 and 2003-04 in connection with a project that involved embedding heat resistant radio frequency identification (RFID) tags into moulds used to manufacture motor…