Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v News Australia Holdings Pty Limited [2010] FCAFC 78 Citation: Commissioner of Taxation v News Australia Holdings Pty Limited [2010] FCAFC 78
Appeal from: News Australia Holdings Pty Limited and Commissioner of Taxation [2009] AATA 750
Parties: COMMISSIONER OF TAXATION v NEWS AUSTRALIA HOLDINGS PTY LIMITED
File number(s): NSD 1209 of 2009
Judges: STONE, JESSUP AND JAGOT JJ
Date of judgment: 30 June 2010
Catchwords: INCOME TAX – appeal from decision of the Administrative Appeals Tribunal – whether corporate restructure was a scheme entered into for the purpose of obtaining a tax benefit – whether Tribunal impermissibly took into account subjective purposes of taxpayer – whether Tribunal properly considered the form and substance of the scheme. Held: No error in the Tribunal's decision; appeal dismissed.
Legislation: Income Tax Assessment Act 1936 (Cth) Pt IVA
Cases cited: Commissioner of Taxation v Hart (2004) 217 CLR 216; [2004] HCA 26 followed Commissioner of Taxation v Zoffanies Pty Ltd (2003) 132 FCR 523; [2003] FCAFC 236 followed Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 cited Lafu v Minister for Immigration and Citizenship (2009) 112 ALD 1; [2009] FCAFC 140 cited Macquarie Finance Ltd v Commissioner of Taxation (2005) 146 FCR 77; [2005] FCAFC 205 followed News Australia Holdings Pty Limited and Commissioner of Taxation [2009] AATA 750 affirmed
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