Watson, Stanley Henry v Commissioner of Taxation of the Commonwealth of Australia [1984] FCA 226

RAS

we .

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

No. G.32 of 1983

ON APPEAL FROM THE SUPREME COURT

OF WESTERN AUSTRALIA

BETWEEN:

STANLEY HENRY WATSON

Appellant - and -

THE COMMISSIONER FOR TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent Fisher J: CORRIGENODA Page 4: Last paragraph top line "Mr. E.J. Soutar" should read "Mr. N.J.E. Soutar" Page 9:

Eigth line "cae" should read "case" Ninth line "reason's" should read "reasons"

Page 10: Six lines from bottom "happening's" should read "happenings"

I. Tokley Associate to Fisher J.

Income Tax - assessable income - avoidance of tax - doctor

previously operating in partnership - creation of unit trust to purchase practice and employ doctors - whether income splitting an objective purpose of the arrangement - whether incidence of taxation altered - provision of superannuation benefits - whether ordinary family or business dealing - existence of antecedent

transaction - annihilation of arrangement - whether "full and

true disclosure" of all material facts necessary for assessment.

Income Tax Assessment Act 1936, ss.6(1), 19, 170, 260.

STANLEY HENRY WATSON v THE COMMISSTONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

No. WA G32 of 1983

CORAM: Bowen C.d., Toohey & Fisher J.J.

Perth

3 August 1984

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

JUDGES MAKING ORDER DATE OF ORDER WHERE MADE

No. WA G32 of 1983

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA

BETWEEN:

STANLEY HENRY WATSON Appellant