FCT v Fabig – taxpayer seeks leave to appeal to the High Court from decision that the takeover was available on substantially the same terms to all vendors [27]

The taxpayer has applied for special leave to appeal to the High Court against the decision of the Full Federal Court in FCT v Fabig [2013] FCAFC 99. In that case, the Full Federal Court 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.

[LTN 189, 30/9/13]