Federal Court of Australia
re
vee
——.
CATCHWORDS
Income Tax (Cth) - Appeal - Whether question of law involved
in decision of Board of Review.
Income Tax Assessment Act 1936, ss.26(a) and 196.
DANTE LOMBARDO v. THE COMMISSTONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
W.A. No. G3 of 1979
Coram: Bowen C.J., Franki and Toohey JJ.
17 October 1979
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA }
) WESTERN AUSTRALIA DISTRICT REGISTRY) W.A. No. G3 of 1979
) GENERAL DIVISION )
ON APPEAL from the Supreme Court of Western Australia
BETWEEN ¢
DANTE LOMBARDO
Appellant
AND:
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent ORDER JUDGES MAKING ORDER: , Bowen C.J., Franki and Toohey JJ. DATE OF ORDER: 17 October 1979. WHERE MADE: Sydney THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay to the Commissioner his costs of the
appeal including reserved costs.
IN THE FEDERAL COURT OF AUSTRALIA )
WESTERN AUSTRALIA DISTRICT REGISTRY) W.A. No. G3 of 1979
GENERAL DIVISION )
ON APPEAL from the Supreme Court of Western Australia
BETWEEN: DANTE LOMBARDO
Appellant
AND:
THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
/{ Respondent
CORAM: Bowen C.J., Franki and Toohey JJ.
17 October 1979.
REASONS FOR JUDGMENT
BOWEN C.J.: This is an appeal from a decision of the Supreme Court of Western Australia given on 26 October 1978. The Matter came before the Supreme Court by way of appeal from Board of Review No. 2. The taxpayer's reference to the Board concerned assessments to income tax for the years of income ended 30 June 1968, 1969 and 1973 in respect of profits arising from the sale of land. By consent his reference to
the Board was heard jointly with references by his brother
and father, who had also objected to assessments to tax in respect of profit arising from the sale of land in the same income years, The Board upheld the decisions of the Commissioner in respect of each reference and confirmed the assessments.
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