Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Wentworth District Capital Limited [2011] FCAFC 42 Citation: Commissioner of Taxation v Wentworth District Capital Limited [2011] FCAFC 42
Appeal from: Wentworth District Capital Ltd v Commissioner of Taxation [2010] FCA 862
Parties: COMMISSIONER OF TAXATION v WENTWORTH DISTRICT CAPITAL LIMITED
File number: NSD 1144 of 2010
Judges: EMMETT, GILMOUR & GORDON JJ
Date of judgment: 28 March 2011
Catchwords: INCOME TAX – s 50-10 of the Income Tax Assessment Act 1997 (Cth) – whether entity established to facilitate face-to-face banking services in rural town without face-to-face banking services was established for "community service purposes"
Legislation: Banking Act 1959 (Cth) Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth) Taxation Laws Amendment Act (No 2) 1990 (Cth)
Cases cited: Cronulla Sutherland Leagues Club Limited v Commissioner of Taxation (1990) 23 FCR 82 Navy Health Ltd v Federal Commissioner of Taxation (2007) 163 FCR 1 Royal Australasian College of Surgeons v The Federal Commissioner of Taxation (1943) 68 CLR 436 Spencer v The Commonwealth of Australia (2010) 241 CLR 118 Victorian Women Lawyers' Association Inc v Federal Commissioner of Taxation (2008) 170 FCR 318 Shorter Oxford English Dictionary (5th ed, Oxford University Press, 2002)
Date of hearing: 21 February 2011
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