Federal Court of Australia
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DG@MENT No.9 Of 8-2
CATCHWORDS
Income Tax ~ claim to deduct amounts "set apart" or "paid" for the purpose of making provision for superannuation benefits for employees - Income Tax Assessment Act 1936, s.82AAC - hook entries - whether "paid" or "set apart" - whether alleged underlying agreement was valid - whether in breach of trust.
Income Tax - additional tax Income Tax Assessment Act 1936, s.226 - deduction claimed under s.82AAC as contribution to superannuation fund - claim disallowed because no expenditure incurred ~ additional tax imposed.
THE COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA v. P. IORI & SONS PTY. LIMITED
No. G73 of 1987 No. G74 of 1987 No. G75 of 1987 No. G76 of 1987
Fox, Lockhart and Beaumont JJ. Sydney
4 September 1987
AN RECEIVE
FEDERAL COURT OF AUSTRALIA
PRINCI ARGISTRE Ny x
ee ee
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G73 of 1987 ) No. G74 of 1987 GENERAL DIVISION ) No. G75 of 1987
No. G76 of 1987
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES
BETWEEN: THE COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA Appellant AND: P. IORI & SONS PTY. LIMITED Respondent™
MINUTES OF ORDER
Court 3 Fox, Lockhart and Beaumont JJ. Date order made: 4 September 1987 Where made 3 Sydney
THE COURT ORDERS:
l. Appeals allowed with costs.
2. Set aside orders made by the Supreme Court; in lieu thereof, order that the appeals to that Court be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN_THE FEDERAL COURT OF AUSTRALIA
No. G73 of 1987 No. G74 of 1987 No. G75 of 1987 No. G76 of 1987
NEW SOUTH WALES DISTRICT REGISTRY
weer
GENERAL DIVISION
ON APPEAL from a single judge of the Supreme Court of New South Wales
BETWEEN : THE DEPUTY COMMISSTONER OF TAXATION
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