Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Lenzo [2008] FCAFC 50
INCOME TAX – scheme for investment in sandalwood plantation – whether primary Judge erred in finding that Commissioner of Taxation not entitled to disallow deductions claimed by taxpayer – whether dominant purpose for entry into scheme was to obtain tax benefit – rational commercial investment project – finance offered by way of round robin loan scheme Held: – scheme gave rise to tax benefit within s 177C – dominant purpose of entering into scheme to obtain tax benefit – respondent would not have invested in project in absence of scheme – obtaining tax benefit may be dominant purpose notwithstanding commercial viability
Income Tax Assessment Act 1936 (Cth), ss 177A, 177C, 177D, 177F
Branir v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 cited Cabal v United Mexican States (2001) 108 FCR 311 cited Commissioner of Taxation v Mochkin (2003) 127 FCR 185 referred to Commissioner of Taxation v Sleight (2004) 136 FCR 211 discussed Federal Commissioner of Taxation v Consolidated Press Holdings Ltd (No 1) (1999) 207 CLR 235 referred to Federal Commissioner of Taxation v Spotless Services Ltd (1996) 186 CLR 404 applied Federal Commissioner of Taxation v Peabody (1994) 181 CLR 359 referred to Federal Commissioner of Taxation v Hart (2004) 217 CLR 216 cited Warren v Coombes (1979) 142 CLR 531 followed WD & HO Wills (Aust) Pty Ltd v Commissioner of Taxation (1996) 65 FCR 298 referred to
COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v GINO LENZO WAD 190 OF 2007
HEEREY, SACKVILLE AND SIOPIS JJ
3 APRIL 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 190 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
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