Federal Court of Australia
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CATCHWORDS
Administrative Law - appeal from decision of Administrative Appeals Tribunal - income tax - deductions - whether taxpayer can deduct travelling expenses for travel between home and work - whether taxpayer travelling in the course of her employment - whether taxpayer's employment itinerant.
Administrative Appeals Tribunal Act 1975 3,44
Income Tax Assessment Act 1936 3.51
THE COMMISSTONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
and
HEATHER M. GENYS
Q. No. G 166 of 1986
NORTHROP J. 2 OCTOBER 1987 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA ) )
QUEENSLAND DISTRICT REGISTRY ) Q. No. G 166 of 1986 ) )
GENERAL DIVISION
ON APPEAL FROM THE TAXATION APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR. K.L. BEDDOE (SENTOR MEMBER)
BETWEEN : THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA Applicant and HEATHER M. GENYS Respondent COURT: NORTHROP J.
ATE : 2 OCTOBER 1987
CE: MELBOURNE
tem jo
MINUTES OF ORDER
THE COURT ORDERS THAT: -
1. The decision of the Administrative Appeals Tribunal be set aside.
2. The matter be remitted to the Administrative Appeals Tribunal for determination according to law.
(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)
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IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) Q. No. G 166 of 1986 ) GENERAL DIVISION )
ON APPEAL FROM THE TAXATION APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR. K.L. BEDDOE (SENIOR MEMBER)
BETWEEN :
THE COMMISSTONER OF TAXATION
OF THE COMMONWEALTH OF AUSTRALIA Applicant and HEATHER M. GENYS Respondent
COURT: NORTHROP J. DATE : 2 OCTOBER 1987 PLACE: MELBOURNE
REASONS FOR JUDGMENT
The Commissioner of Taxation ("the Commissioner") appeals under s.44 of the Administrative Appeals Tribunal Act 1975 on a question of law from a decision of the Taxation Appeals Division of the Administrative Appeals Tribunal ("the Tribunal") constituted by Mr. K.L. Beddoe, setting aside a decision of the Commissioner and allowing a claim by Heather
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