Travelex Limited v Commissioner of Taxation [2018] FCA 1051, this case concerned the statutory interpretation of Taxation (Interest on Overpayments and Early Payments) Act 1983, The Taxation Administration Act 1953 and the A New Tax System (Goods and Services) Act 1999, in respect of an amended GST return, whether the administrative practice of the Commissioner has a legal or statutory basis and the requirement for the Commissioner to pay interest on overpaid GST. Led by Mr Slater QC, judgment given for the taxpayer. Case currently on appeal to the Full Federal Court.
Caratti v Commissioner of Taxation (No 2) [2018] FCA 568 before Robertson J, judgement given for the Commissioner of Taxation. This case concerned the construction of a Deed of Agreement, Guarantee and Indemnity and the operation of Sch 1, ss 255-1 and 255-5 of the Taxation Administration Act 1953 (Cth).
Farah Custodians v Commissioner of Taxation (NSD) 506/2017. The case concerns the provisions of A New Tax System (Goods and Services) Act 1999, and the Taxation Administration Act 1953, a declaration that the Taxpayer was not indebted to the Commissioner, that the Commissioner was liable for the loss suffered by the taxpayer, including exemplary damages by reason of the Commissioner’s negligence and conscious maladministration. Led by Mr Douglas QC, for the taxpayer.
Manveen Mangat v Commissioner of Taxation AAT Reference: 2016/5665 [2018] AATA 3017 21 August 2018, the case concerned Employee Share Schemes, Initial public Offerings, and the relevant provisions in the Income Tax Assessment Act 1997 and the Corporations Act 2001.
Federal Commissioner of Taxation v Jayasinghe [2017] HCA 26, (2017) 260 CLR 400. The case concerned the operation of the International Organisations (Privileges and Immunities) Act 1963, and whether foreign income was exempt by reason of the Applicant’s office while engaged with an organ of the United Nations. Led by A H Slater QC
Eastwin Trade Pty Ltd v Commissioner of Taxation2017 AATA 140 judgment given for the Commissioner. The case concerned the provisions of A New Tax System (Goods and Services) Act, and theTaxation Administration Act 1953, the acquisition of gold bullion by the taxpayer and the entitlement to claim input tax credits.
Federal Commissioner of Taxation v Jayasinghe [2016] FCAFC 79 (9 June 2016) before Allsop CJ, Pagone and Davies JJ, for the taxpayer. Judgment given for the taxpayer, appealed to HCA.
Jayasinghe v Federal Commissioner of Taxation [2015] AATA 456 (29 July 2015) before Deputy President Tamberlin QC, for the taxpayer. Judgment given for the taxpayer, and affirmed on appeal to FCAFC.
Andrew Binetter, Margaret Binetter and the Estate of the Late Erwin Binetter v Commissioner of Taxation [2016] before the Full Federal Court, for the taxpayers. This case concerned questions of law under s 260-145 of the Taxation Administration Act and default assessments made under ss 166-167, 170 of the Income Tax Assessment Act on the basis of the Commissioner forming an opinion that there was fraud or evasion.
Andrew Binetter, Margaret Binetter and the Estate of the Late Erwin Binetter v Commissioner of Taxation [2015] AATA 144 before Deputy President Tamberlin QC, for the taxpayers. Judgment given for the ATO, appealed to FCAFC.
Commissioner of Taxation v Bai [2016] before the Full Federal Court for the taxpayers – decision reversed. This case concerned the avoidance of tax due to fraud or evasion and the assessments made under s 170 of the Income Tax Assessment Act 1936.
Bai v Commissioner of Taxation [2015] FCA 973 (3 September 2015) before Rares J, for the taxpayer. Successfully appealed with judgment given for the taxpayer. Appealed to the FCAFC.
In the matter of Angelides Investments and GPJ investments– NSWSC (19 December 2014) before Black J, for the Plaintiff. The case concerned declaratory relief for the vesting of a trust, which had vested in interest in 1974, the meaning of “beneficially owned”, the validity of sub-trusts, the reinstatement of a corporation pursuant to s 601AH(2) of the Corporations Act 2001, and exemption from NSW Duties under s 56 and 59A.
Neusam v Chief Commissioner of State Revenue, (ADT 2012/126006) for the Chief Commissioner the matter was settled by the Taxpayer.The case concerned the Land Tax Management Actand the availability of the primary production exemption.
Expanz Pty Ltd v Commissioner of Taxation (AAT 2012/2054-2057: 2012/4820-4822), before Deputy President Deutsch, for the taxpayer. This case concerned the research and development tax offset and penalties, and was settled during the hearing.
CH2M Hill Australia Pty Ltd v Commissioner of Taxation (2013 AAT and Federal Court) Application for relief under s 39B Judiciary Act 1903, for the taxpayer. This case concerned the remission of general interest charge which was remitted in full on filing the originating process in the Federal Court.
Ross Walter Dymock Forsyth v Stephen Keith Preen (Supreme Court Equity Division 2010/426937) – matter was settled after Court ordered mediation. The case concerned a contested estate, rectification of a will, constructive trusts and administrator of a trust estate.
JMB Beverages v Commissioner of Taxation (2010) 76 ATR 76.The case concerned Goods and Services Tax and non-alcoholic wine and whether the taxpayer’s products were GST free.
Commissioner of Taxation v Sydney Refractive Surgery Centre Pty Ltd [2008] FCAFC 190, for the taxpayer. Decision of FCA in favour of the taxpayer upheld.
Sydney Refractive Surgery Centre Pty Limited v Commissioner of Taxation [2008] FCA 454, (2008) ALR 247, for the taxpayer. This case concerned compensatory damages for defamation and whether if received by a corporation they were assessable as income under s 6-5 of the Income Tax Assessment Act 1997.
Epov v Commissioner of Taxation (2007) 244 ALR 334, for the Commissioner. This case concerned the power to amend assessments when a matter is before the court and whether payments by a company were dividends paid out of profits and assessable as income.