The taxpayer has appealed to the Full Federal Court against the decision of Kenny J in Taras Nominees Pty Ltd as Trustee for the Burnley Street Trust v FCT [2014] FCA 1. The Federal Court had held that the taxpayer (a trustee of a trust), that owned land and that, in effect, transferred it to a…
The Commissioner has appealed to the Full Federal Court against the decision of Logan J in Australian Building Systems Pty Ltd v FCT [2014] FCA 116. The Federal Court had held that, where an assessment has not been issued, s 254 of the ITAA 1936 does not require retention of monies by a liquidator upon the mere…
The taxpayer has appealed to the Full Federal Court against the decision of Pagone J in Haritos & Anor v FCT [2014] FCA 96. The Federal Court had dismissed the taxpayers’ appeal from an AAT decision that had found the taxpayers failed to discharge the burden of proving that assessments raised by the Commissioner under s 167…
The taxpayer has appealed to the Full Federal Court against the decision of Collier J in Nelson v FCT [2014] FCA 57. The Federal Court had dismissed a taxpayer’s appeal from the decision in AAT Case [2012] AATA 579, Re Nelson and FCT in which the AAT confirmed the taxpayer was not carrying on a business…
The taxpayer has appealed to the Full Federal Court against the decision in Task Technology Pty Ltd v FCT [2014] FCA 38. The Federal Court had held that licensing payments by an Australian distributor (the taxpayer) to a Canadian software supplier were royalties under the Australia/Canada DTA. [LTN 41, 3/3/14]
The District Court of WA has dismissed a taxpayer’s appeal concerning a default judgment by a Deputy Commissioner for over id=”mce_marker”64,000 that was entered in March 2007 in default of the taxpayer filing an appearance. The matter concerned a director’s penalty notice (DPN). The taxpayer argued the default judgment should be set aside because he had an…
The NSW Court of Appeal has unanimously dismissed an application by a director to have set aside its prior decision in Power v DCT [2013] NSWCA 428 that the director was liable for a directors’ penalty of some id=”mce_marker”m imposed on him by a director’s penalty notice (DPN) that was issued under s 269-25 of the…
The NSW Court of Appeal has unanimously dismissed the Commissioner’s appeal and held that he should pay a liquidator’s costs in relation to a matter where a claim was made by the liquidator of the company against Commissioner pursuant to s 588FF under the Corporations Act 2001 for the repayment of id=”mce_marker”.3m in tax paid to…
The NSW Supreme Court has reopened sentence proceedings in a Project Wickenby matter, following the High Court’s decision on 14 February 2014 in Milne v The Queen [2014] HCA 4, where it quashed the conviction in relation to the money laundering count. This left the charge on which he was convicted in December 2012, of dishonestly obtaining a gain…
The WA District Court has overturned a Registrar’s decision to enter summary judgment against a company director for the recovery of unremitted PAYG withholding amounts. Mad Monk Pty Ltd was a subsidiary of Oz Brewing Ltd, which was a publicly listed company. The defendant in these proceedings was a significant shareholder of Oz Brewing. In August 2008,…