The High Court heard the following applications for special leave to appeal on Fri 8.11.2013:
- Howard v FCT – the High Court granted the taxpayer special leave to appeal on one ground (but refused on the other) against the decision in Howard v FCT [2012] FCAFC 149. The Full Federal Court had upheld the Commissioner’s appeal against a decision that damages were received by the taxpayer in a fiduciary capacity (meaning that the damages were assessable to the taxpayer), and it also dismissed the taxpayer’s appeal against a decision that distributions from a non-resident trust were assessable to him. The High Court has given the taxpayer leave to appeal on the first ground (that the damages received on a fiduciary ground were assessable to him), but not on the second ground (that the distributions from the non-resident trust were not assessable to him) – Howard v FCT [2013] HCATrans 269.
[LTN 217, 8/11/13]