Borg, C.C. v. Commissioner of Taxation [1994] FCA 796

JUDGMENT NO. sone Soe eroded

CATCHWORDS INCOME TAX ~ Default assessments based on taxable incomes determined on assets betterment basis - Appeal from decision

of Administrative Appeals Tribunal - Ascertainment of amounts injected into business by way of loans - Ascertainment of amounts of non-business expenditure charged to credit cards - Whether decisions arbitrary and perverse bearing in mind findings of Tribunal as to credibility of witnesses - Whether amounts received by taxpayer under "Distribution agreements" receipts of capital or income.

CARMEL CHARLES BORG v COMMISSIONER OF TAXATION

No. ACT G 47 of 1993

Neaves J. 31 October 1994 Canberra

RECEIVED

~2 NOV 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA My APIT. ERRITOR

DISTRICT REGISTRY ENE DIVISION

No. ACT G 47 of 1993

Ne ee ee eee

ON_ APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: i, CHARLES BOR'

Applicant

AND: COMMISSIONER OF TAXATION

Respondent

MINUTE OF ORDER

D RDER 3: Neaves J. DATE OF ORDER 3 31 October 1994 WHERE MADE 3 Canberra THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of and

incidental to the application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

HE FEDE RT_ OF AUSTRALIA AN CAPITAL TERRITORY

DISTRICT REGISTRY ENERAL VISION

No. ACT G 47 of 1993

QN APPEAL FROM THE GENERAL ADMINISTRATIVE

F_ THE ADMIN RATIVE APPE. RIBUNAL BETWEEN: 1, CHARLES BOR Applicant

AND: COMMISSIONER OF TAXATION

Respondent

CORAM: Neaves J. DATE: 31 October 1994

E. NS FOR DGMENT

Introduction

The applicant, Carmel Charles Borg, has applied to the Court by way of appeal pursuant to s.44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) from _ the decision of the Administrative Appeals Tribunal ("the Tribunal") given on 18 June 1993 upon the review of decisions disallowing, in whole or in part, objections to assessments to income tax in respect of the years of income ended 30 June 1981, 1982, 1983, 1984 and 1985. Those assessments were made under s.167 of the Income Tax Assessment Act 1936 (Cth). The Tribunal set aside the decisions upon the objections but