The taxpayers have filed notices of appeal to the Full Federal Court against the decision of Jagot J in Yacoub v FCT [2012] FCA 678. The Federal Court had dismissed appeals by the taxpayers concerning the Commissioner’s decision to disallow an objection to a notice of assessment for the payment of GST regarding properties sold.
Extract from [2012] FCA 678
11. Accordingly, if, as the Commissioner contends, Myej Lydbrook was a partnership then the applicants are liable for the unpaid GST. If, as the applicants contend, Myej Lydbrook was not a partnership or the Commissioner should have been satisfied that Myej Lydbrook was a non-entity joint venture at all times or at some time then the applicants are not liable or at least not wholly liable for the unpaid GST. To determine the legal character of the arrangements involving Myej Lydbrook it is necessary to describe the factual context.
[LTN 149, 3/8]