Brajkovich, S.G. v. The Commissioner of Taxation [1988] FCA 277

JUDGMENT "lo. 2717. Sa

CATCHWORDS

Income Tax ~- Ascertainment of assessable income - Profits from business of horse racing or betting - Business of betting —- What constitutes —- Betting on horse racing and cards and two-up claimed

to have constituted business.

Income Tax Assessment Act, 1936

SRECKO GEORGE BRAJKOVICH v. THE COMMISSIONER OF TAXATION

Nos WAG2235 of 1987 WAG2236 of 1987

WAG2238 of 1987 fe: WAG2239 of 1987

WAG2240 of 1987 ly WAG2241 of 1987 ion

Jenkinson J. Melbourne 9 June, 1988

IN THE FEDERAL COURT OF AUSTRALIA )

RICT RY) No. WAG2235 of 1987

WE TA GENERAL DIVISION )

CORAM:

PLACE:

DATE:

BETWEEN: SRECKO GEORGE BRAJKOVICH Applicant

AND: TRE COMMISSIONER OF TAXATION

Respondent MINUTES OF ORDER Jenkinson J.

Melbourne

9 June, 1988

THE COURT ORDERS THAT:

1.

The questions ordered pursuant to Order 29 Rule 2 of the Federal Court Rules on 18 February 1988 to be determined be determined as follows:

(a) Whether winnings of the applicant from all gambling or from some and which kind or kinds of gambling derived during the year of income ended 30 June 1983 are assessable income of the applicant in respect of that said year?

No winning of any of those descriptions is assessable income of the applicant in respect of that said year.

(b) Whether losses of the applicant in all gambling or in some and which kind or kinds of gambling incurred during the said year are allowable deductions in respect of the said year?

No loss of any of those descriptions is an allowable deduction in respect of the said year.

The appeal be dismissed.

2.

3. The respondent's costs of the appeal including costs reserved be paid by the applicant.

(NOTE: Settlement and entry of orders is dealt with in 0.36 of the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY) No. WAG2236 of 1987 GENERAL DIVISION )