*FCT v Fabig – High Court refused taxpayer leave to appeal decision of Full Federal Court that CGT ‘scrip for scrip’ relief was not available to her [13]

The High Court has refused a taxpayer special leave to appeal from the Full Federal Court decision in FCT v Fabig [2013] FCAFC 99. That decision involved 2 taxpayers, Matthew Dickinson and Janina Fabig. In that case, the Court had allowed the Commissioner’s appeal and held that the AAT, at first instance, had erred in finding that CGT scrip-for-scrip roll-over relief was available to 2 shareholders in relation to the exchange of their shares in a company under an arrangement entered into in the 2007 income year. Only one of the taxpayers in the case, Mr Dickinson, had applied for special leave to appeal to the High Court.

[LTN 31, 17/2/14]