The taxpayer has lodged a notice of appeal to the Full Federal Court against the decision of Middleton J in IOOF Holdings Limited v FCT [2013] FCA 1189. In that case, the Federal Court dismissed the taxpayer’s appeal and confirmed that for the purposes of undertaking its review of the Commissioner’s deemed disallowance of the taxpayer’s objection against the Commissioner’s failure to make a private ruling (in relation to its claim for a deduction under the consolidation rules re rights to future income), it was not open to the AAT to apply the provisions of Pt 3-90 before the relevant retrospective amendments were made that modified the consolidation tax cost setting and rights to future income rules.

[LTN 240, 11/12/13]

 

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