A taxpayer has been partially successful before the AAT in relation to claims for depreciation for certain items of plant and equipment by a partnership (of which the taxpayer was found to be a partner).
The AAT found that those items of plant and equipment were used in the business conducted by the partnership, being the manufacture of polystyrene and cardbox boxes, for the purpose of acquiring assessable income. The AAT held the taxpayer had, “to a limited extent”, established on the balance of probabilities that the Commissioner’s assessment in the income years in question were excessive.
Accordingly, the AAT held the objection decisions made by the Commissioner in respect of the 1994 to 2001 income years were incorrect in so far as they disallowed the depreciation deductions found allowable. Therefore, the AAT remitted the matter back to the Commissioner for reassessment.
(AAT Case [2012] AATA 757, Re Rigoli and FCT, AAT, Ref Nos 2009/0142 – 2009/0149, Fice SM, 1 November 2012.)
[LTN 213, 2/11]
Commissioner lodges appeal to Federal Court against his partial loss
The Commissioner has lodged a notice of appeal to the Federal Court against the decision of Fice SM in AAT Case [2012] AATA 757, Re Rigoli and FCT.
[LTN 233, 30/11]