F & C Donebus Pty Limited v Commissioner of Taxation [1988] FCA 434

col JUDGMENT No.. 4344, 88>

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. G281 of 1988 GENERAL DIVISION )

ON APPEAL FROM THE TAXATION APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: F. & C. DONEBUS PTY LIMITED

Appellant

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent

CORAM: DAVIES, WILCOX AND PINCUS JJ.

CORRIGENDA

Amendment to the Reasons of Pincus J. in the Full Court judgment delivered on 10 August 1988:

Page 4, para.1, line 3, replace "other" with "or her".

Angele fuente Associate to Mr Justice Pincus 29 August 1988

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~ 2 SEP 1988

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

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—3 JUDGMENT No. 4247. 28_

CATCHWORDS

INCOME TAX - Appeal from the Administrative Appeals Tribunal - company sought deduction under s.59(1) of the Income Tax

Assessment Act - transaction involving purchase of a

refrigerator at grossly inflated price - meaning of "for the purpose of producing assessable income" - whether s.260 of the Income Tax Assessment Act is applicable to the transaction -

whether transaction a sham

Income Tax Assessment Act 1936 (Cth) s.54, 5.59, s.260

Commissioner of Taxation v. Gulland; Watson v. Commissioner of Taxation; and Pincus v. Commissioner of Taxation (1985)

T60 C.L.R. 55. Oakey Abattoir Pty Limited v. Commissioner of Taxation (1984) 35 A.L.R. 291.

F. & C. DONEBUS PTY LIMITED v. COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA No. G28l of 1988

Davies, Wilcox and Pincus JJ. 10 August 1988 Sydney

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IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G281 of 1988 ) )

GENERAL DIVISION

CORAM:

DATE:

PLACE:

On appeal from the Taxation Appeals Division of the Administrative Appeals

Tribunal BETWEEN: F. & C. DONEBUS PTY LIMITED Applicant AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA Respondent