Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Commercial Nominees of Australia Ltd [1999] FCA 1455 TAXES & DUTIES – income tax – whether trustee of superannuation fund entitled to carry forward losses from previous years – whether fund in year in which deduction claimed same "entity" as suffered the losses claimed – whether amendments to trust deed in intervening years amounted to "resettlement" – relevance of resettlement analysis in context of taxation of superannuation funds – whether continuity of regime regulating superannuation fund can be identified Income Tax Assessment Act 1936 (Cth), s 79E, s 80, s 272, s 278 Superannuation Industry (Supervision) Act 1993 (Cth), s 10, s 45 Davidson v Chirnside (1908) 7 CLR 324, cited Truesdale v Commissioner of Taxation (1969) 120 CLR 353, cited
COMMISSIONER OF TAXATION v COMMERCIAL NOMINEES OF AUSTRALIA LTD NG 1389 OF 1998 LEE, EMMETT & GYLES JJ 22 OCTOBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1389 OF 1998
ON APPEAL FROM THE TAXATION APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A DEPUTY PRESIDENT
BETWEEN: COMMISSIONER OF TAXATION
Applicant
AND: COMMERCIAL NOMINEES OF AUSTRALIA LTD
Respondent
JUDGES: LEE, EMMETT & GYLES JJ
DATE OF ORDER: 22 OCTOBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal 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 1389 OF 1998
ON APPEAL FROM THE TAXATION APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A DEPUTY PRESIDENT
BETWEEN: COMMISSIONER OF TAXATION
Applicant
AND: COMMERCIAL NOMINEES OF AUSTRALIA LTD
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