Prebble v Commissioner of Taxation [2003] FCAFC 165

FEDERAL COURT OF AUSTRALIA Prebble v Commissioner of Taxation [2003] FCAFC 165 TAXATION - superannuation contributions paid by a taxpayer to non complying superannuation fund for his own benefit - contributing taxpayer a director of a company controlled by him - whether taxpayer entitled to claim a deduction for contributions under s 82AAE of the Income Tax Assessment Act 1936 (Cth) SUPERANNUATION - complying and non complying superannuation funds - manner in which complying and non complying superannuation funds are taxed - distinction between employer contributions for the benefit of employees and contributions made by individuals for their personal benefit PRECEDENT - in what circumstances may a Full Court decline to follow a decision of an earlier Full Court. Income Tax Assessment Act 1936 (Cth) s 26(d), s27A-H,s 82AAA(1), s 82AAC, s 82AAE, s 82AAQ, s 82H, s 82(1), s 267(1), s 274, s 277A, s 281, s 288 Fringe Benefits Tax Assessment Act 1986 (Cth) s 136 Acts Interpretation Act 1901 (Cth) s 15AA Babaniaris v Lutony Fashions Pty Ltd (1987) 163 CLR 1 approved Brooks v Commissioner of Taxation (2000) 100 FCR 117 followed CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 184 CLR 384 applied Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 applied Essenbourne Pty Ltd v Commissioner of Taxation (2002) 51 ATR 629 Harris v Commissioner of Taxation (2002) 50 ATR 410 approved J & G Knowles & Associates Pty Ltd v Federal Commissioner of Taxation (2000) 96 FCR 402 John v Commissioner of Taxation (1989) 166 CLR 417 approved Transurban City Link Ltd v Allan (1999) 95 FCR 553 followed Ligertwood, Report of the Commonwealth Committee on Taxation, 1961 JEFFREY JAMES PREBBLE PTY LTD v COMMISSIONER OF TAXATION Q 192 OF 2002 COMMISSIONER OF TAXATION v JEFFREY JAMES PREBBLE PTY LTD AS TRUSTEE FOR PREBBLE NO 2 SUPERANNUATION FUND Q 190 OF 2002 SPENDER, HILL & HELY JJ 22 AUGUST 2003 BRISBANE