McCurry, Bradley v Commissioner of Taxation McCurry, Brett v Commissioner of Taxation [1998] FCA 512

FEDERAL COURT OF AUSTRALIA TAXATION - income tax - whether purchase and development of land was a profit-making scheme - whether scheme abandoned - whether profit derived from investment or trading venture. Income Tax Assessment Act 1936 (Cth) - s 25(1)

Admin Exploration Pty Limited (in Liq) v Federal Commissioner of Taxation (1972) 72 ATC 4253 at 4260 Eisner v Federal Commissioner of Taxation, 45 ALJR 110 Federal Commissioner of Taxation v Myer Emporium Ltd (1987) 163 CLR 199 Federal Commissioner of Taxation v Whitfords Beach Pty Limited (1982) 150 CLR 355 Kratzman v Federal Commissioner of Taxation (1970) 44 ALJR 293 Steinberg v Federal Commissioner of Taxation (1975) 134 CLR 640 at 686 BRADLEY MCCURRY v COMMISSIONER OF TAXATION No NG 416 of 1997 BRETT MCCURRY v COMMISSIONER OF TAXATION No NG 417 of 1997 DAVIES J 15 MAY 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 417 of 1997

BETWEEN: BRett McCURRY

Applicant

AND: COMMISSIONER OF TAXATION

Respondent

JUDGE: DAVIES J

DATE OF ORDER: 15 MAY 1998

WHERE MADE: SYDNEY

minutes of order

THE COURT ORDERS THAT:

The application be dismissed with costs.

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 NG 416 of 1997

BETWEEN: BRADLEY MCCURRY

Applicant

AND: COMMISSIONER OF TAXATION

Respondent

JUDGE: DAVIES J

DATE: 15 MAY 1998

PLACE: SYDNEY

MINUTES OF ORDER THE COURT ORDERS THAT: The application be dismissed with costs. 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 NG 416 of 1997

BETWEEN: BRADLEY McCURRY