Trustees of the Post Office Staff Superannuation Scheme v Commissioner of Taxation [1999] FCA 1347

FEDERAL COURT OF AUSTRALIA

Trustees of the Post Office Staff Superannuation Scheme

v Commissioner of Taxation [1999] FCA 1347

TAXATION – deductions for complying superannuation funds that self insure for death and disability benefits – application for extension of time to obtain actuarial certificates and thereby claim deductions – whether quantum of deduction and potential to amend legislation were irrelevant matters to take into account. Income Tax Assessment Act 1936 ss 267, 279, 301

Lighthouse Philatelics Pty Ltd v Federal Commissioner of Taxation (1991) 91 ATC 4942 cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 followed A'hearn v Comcare (1993) 18 AAR 22 cited Zizza v Federal Commissioner of Taxation (1999) 99 ATC 4,711 cited

THE TRUSTEES OF THE POST OFFICE STAFF SUPERANNUATION

SCHEME AND THE TRUSTEES OF THE BT PENSION SCHEME v

COMMISSIONER OF TAXATION NG 1127 of 1998 HILL J 29 SEPTEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1127 OF 1998

BETWEEN: THE TRUSTEES OF THE POST OFFICE STAFF SUPERANNUATION SCHEME

First Applicant

THE TRUSTEES OF THE BT PENSION SCHEME

Second Applicant

AND: COMMISSIONER OF TAXATION

Respondent

JUDGE: HILL J

DATE OF ORDER: 29 SEPTEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decisions under review be set aside and remitted to the Commissioner for determination in accordance with the law. 2. The respondent pay the applicant's 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 1127 OF 1999

BETWEEN: THE TRUSTEES OF THE POST OFFICE STAFF SUPERANNUATION SCHEME