Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Lean v Commissioner of Taxation [2010] FCAFC 1 Citation: Lean v Commissioner of Taxation [2010] FCAFC 1
Appeal from: Commissioner of Taxation v Lean [2009] FCA 490
Parties: DAVID LEAN v COMMISSIONER OF TAXATION
File number(s): NSD 529 of 2009
Judges: EMMETT, EDMONDS & PERRAM JJ
Date of judgment: 28 January 2010
Catchwords: TAXATION – Income Tax Assessment Act 1997 (Cth) – s 25-45 – whether money that was misappropriated was included in the taxpayer's assessable income – the act of applying money towards expenses or investment is sufficient to break the necessary connection between money included in taxpayer's assessable income and a subsequent misappropriation – the money that was misappropriated was not the money that had been included in assessable income of the taxpayer and therefore s 25-45 does not apply. Held: appeal dismissed.
Legislation: Income Tax Assessment Act 1936 (Cth) ss 51AAA, 71 Income Tax Assessment Act 1997 (Cth)ss 6-1, 6-5, 6-10, 6‑15, 8-1, 25-45, 102-5 Administrative Appeals Tribunal Act 1975 (Cth)s 44
Cases cited: EHL Burgess Pty Ltd v Federal Commissioner of Taxation (1988) 80 ALR 639considered Charles Moore & Co (WA) Pty Ltd v Federal Commissioner of Taxation (1956) 95 CLR 344 referred to
Date of hearing: 4 November 2009
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 53
Counsel for the Appellant: Mr C J Bevan
Solicitor for the Appellant: Blake Dawson
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