Crommelin, Peter R L v Deputy Commissioner of Taxation [1998] FCA 878

FEDERAL COURT OF AUSTRALIA

INCOME TAX - assessable income - work in progress - retirement of partner - lump sum payment included in "net tangible assets" - circumstances in which payment received for work in progress will be assessable as income - whether amount sufficiently identifiable.

ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal - error of law - whether to remit to Administrative Appeals Tribunal. Administrative Appeals Tribunal Act 1975 (Cth) - s 44 Income Tax Assessment Act 1936 (Cth) - s 25(1) Income Tax Ruling IT 2551 Henderson v Federal Commissioner of Taxation (1970) 119 CLR 612 - referred to Jamieson v Commissioner of Inland Revenue 74 ATC 6008 - considered Stapleton v Federal Commissioner of Taxation (1989) 88 ALR 606 - considered The Commissioner of Taxation of the Commonwealth of Australia v The Myer Emporium Limited (1986-87) 163 CLR 199 - cited Federal Commissioner of Taxation v Grant & Ors 91 ATC 4608 - cited Statham v Federal Commissioner of Taxation 89 ATC 4070 - referred to Commissioner of Taxation v Emmakell Pty Ltd (1990) 22 FCR 157 - referred to

PETER R L CROMMELIN v DEPUTY COMMISSIONER OF TAXATION QG 47 of 1997

FOSTER J 10 July 1998 SYDNEY (Heard in BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 47 of 1997

BETWEEN: peter r l crommelin

Applicant

AND: deputy commissioner of taxation

Respondent

JUDGE: FOSTER J

DATE OF ORDER: 10 July 1998

WHERE MADE: SYDNEY (Heard in BRISBANE)

THE COURT ORDERS THAT: 1. The application be dismissed. 2. Each party to bear his own costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 47 of 1997