Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
TAXATION - Income tax - Film expenditure - Claim for deduction of expenditure under Division 10B of Income Tax Assessment Act - Moneys invested by taxpayer attracted 70% "subsidy" by film production company - Subsidy not disclosed to Commissioner of Taxation- False statement about film earning income - Whether there was a failure to make a full and true disclosure of all material facts necessary for the Commissioner's assessment - Whether money was expended on production of the film - Significance of production of pilot film for marketing purposes. Income Tax Assessment Act 1936 - ss 124K, 124L, 124M, 124R, 124S and 170 NG254 of 1995/NG256 of 1995 and NG257 of 1995 VICTOR PETER GROSS v COMMISSIONER OF TAXATION JUDGE: WILCOX J PLACE: SYDNEY DATE; 23 DECEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG254 OF 1995
BETWEEN: VICTOR PETER GROSS
Applicant
AND: COMMISSIONER OF TAXATION
Respondent
JUDGE: WILCOX J
DATE OF ORDER: 23 DECEMBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant, Victor Peter Gross, pay to the respondent, the Commissioner of Taxation, his costs of the application; the said costs not to include the costs incurred by the Commissioner in connection with the preliminary point determined on 20 December 1996. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG256 of 1995
BETWEEN: VICTOR PETER GROSS
Applicant
AND: COMMISSIONER OF TAXATION
Respondent
JUDGE: WILCOX J
DATE OF ORDER: 23 DECEMBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant, Victor Peter Gross, pay to the respondent, the Commissioner of Taxation, his costs of the application; the said costs not to include the costs incurred by the Commissioner in connection with the preliminary point determined on 20 December 1996. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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