Commissioner of Taxation v Prestige Motors Pty Ltd as Trustee of the Prestige Toyota Trust [1998] FCA 221

FEDERAL COURT OF AUSTRALIA

INCOME TAX - Income Tax Assessment Act 1936 (Cth) s 100A - meaning of 'reimbursement agreement' - whether s 100A applicable where trust not in existence prior to agreement - whether transactions provided for the payment of money to a person other than the beneficiary - whether transactions were in the ordinary course of commercial dealing.

Income Tax Assessment Act 1936 (Cth), ss 80, 96, 97, 98, 99A, 100A, 112A

Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297, cited. Davis v Federal Commissioner of Taxation (1989) 86 ALR 195 (FCA/Hill J), cited. East Finchley Pty Ltd v Federal Commissioner of Taxation (1989) 90 ALR 457 (FCA/Hill J), cited. Emanuele v Australian Securities Commission (1997) 188 CLR 114, cited. Federal Commissioner of Taxation v Gulland (1985) 160 CLR 55, cited. Federal Commissioner of Taxation v Radilo Enterprises Pty Ltd (1997) 97 ATC 4151 (FCA/FC), cited. Gough v Gough [1891] 2 QB 665, cited. Mutual Acceptance Company Ltd v Federal Commissioner of Taxation (1944) 69 CLR 389, cited. Newton v Federal Commissioner of Taxation (1958) 98 CLR 1, cited. Peate v Federal Commissioner of Taxation (1964) 111 CLR 443, cited. Re Bolton; Ex parte Beane (1987) 162 CLR 514, cited. Richardson v Federal Commissioner of Taxation (1997) 97 ATC 5098 (FCA/Merkel J), referred to. Taylor v Deputy Commissioner of Taxation (1970) 123 CLR 206, cited. Telstra Corporation Ltd v Australasian Performing Right Association Ltd (1997) 146 ALR 649, cited. U.G. Insurances Pty Ltd v Commissioner of Stamp Duties for New South Wales (1973) 128 CLR 353, cited. COMMISSIONER OF TAXATION V PRESTIGE MOTORS PTY LTD AS TRUSTEE OF THE PRESTIGE TOYOTA TRUST NG 447/97 BEAUMONT, HILL, SACKVILLE JJ 18 MARCH 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA