John Morgan is a tax specialist lawyer of more than three decades experience now practicing at the Victorian Bar - w: www.FJMtax.com e: f.john.morgan@vicbar.com.au

*Esso Australia Resources Pty Ltd v FCT – taxpayer applies for leave to appeal reversal of deduction claim under PRRT [39]

The taxpayer has lodged an application for special leave to appeal to the High Court against the Full Federal Court decision in Esso Australia Resources Pty Ltd v FCT [2012] FCAFC 5. The Full Federal Court had unanimously overturned a decision at first instance and held that Esso Australia Resources Pty Ltd was not entitled…

*Re IOOF Holdings Limited and FCT – Taxpayer applied for ruling on consolidation effect of ‘rights to future income’ in Dec 2010 and expected a ruling before the 31 March cut-off but failed to get back-dated ruling [39]

The AAT has dismissed the application of a taxpayer who sought a review of a deemed decision of the Commissioner to disallow an objection to a deemed decision to deny a private ruling. The taxpayer was also unsuccessful in seeking to have any finding made in its favour to take effect retrospectively to counter the…

Re Davsa Forty-Ninth Pty Ltd ATF Krongold Ford Bus Unit Trust and FCT – No summonses for taxpayer to examine ATO employees [38]

In a somewhat unusual case, the AAT has refused a taxpayer’s application for the issue of summonses to 3 ATO employees so the taxpayer could examine them in support of its claim to be carrying on a business and therefore be entitled to input tax credits. The substantive application involves disputed entitlements to input tax…

*Re JCZC and FCT – boat deductions disallowed but penalty reduced to 25% because it was not “reckless” and not “reasonably arguable” [37]

The AAT has reduced a tax shortfall penalty from 50% to 25% after finding that a taxpayer and its tax agent were not “reckless” in claiming $3.1m in deductions for a boat owned by a related trust. The taxpayer is the corporate trustee of a trust (controlled by Mr X) that is the ultimate beneficiary…

*Re Hopkins and Anor and FCT – Commissioner disallowed $1m deduction – 46 default beneficiaries should have been assessed [36]

The AAT has ruled that amended assessments issued to the father and son beneficiaries of a family trust were excessive. The amended assessments increased the distributions to the beneficiaries in the years in question by reference to the denial of deductions of some $1m for payments made to an employee entitlement fund by a fuel…