Sent v Commissioner of Taxation [2012] FCAFC 187

FEDERAL COURT OF AUSTRALIA

Sent v Commissioner of Taxation [2012] FCAFC 187 Citation: Sent v Commissioner of Taxation [2012] FCAFC 187

Appeal from: Sent v Commissioner of Taxation [2012] FCA 382

Parties: EDUARD CHRISTIAAN SENT v COMMISSIONER OF TAXATION

File number: VID 363 of 2012

Judges: EMMETT, EDMONDS AND RARES JJ

Date of judgment: 19 December 2012

Catchwords: INCOME TAX – whether a payment made to the appellant's nominee in substitution for past and future bonus entitlements of the appellant under his employment agreement, to enable the nominee to take up shares for the appellant, was assessable income of the appellant pursuant to s 6-5 of the Income Tax Assessment Act 1997 (Cth) – whether the appellant discharged the onus imposed by s 14ZZK of the Taxation Administration Act 1974 (Cth) of establishing that the assessment by the Commissioner of a 50% administrative penalty was excessive. Held: Appeal dismissed.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Taxation Administration Act 1953 (Cth) s 14ZZK; Sch 1: ss 284-75, 284-90 Income Tax Assessment Act 1997 (Cth) s 6-5

Cases cited: Constable v Federal Commissioner of Taxation (1952) 86 CLR 402 distinguished Hallstroms Pty Ltd v Commissioner of Taxation (1946) 72 CLR 634 referred to

Date of hearing: 29 November 2012

Place: Sydney (heard in Melbourne)

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 42

Counsel for the Appellant: Mr S Tisher