Brewing Investments Ltd v Federal Commissioner of Taxation [2000] FCA 34

FEDERAL COURT OF AUSTRALIA

Brewing Investments Ltd v Federal Commissioner of Taxation [2000] FCA 34

INCOME TAX – assessable income – non-resident companies in liquidation – successive distributions from one non-resident company to another – eventual distribution to resident shareholder company – whether distribution assessable income in resident shareholder's hands Income Tax Assessment Act 1936 (Cth), s 44(1), s 47(1) Inland Revenue Commissioners v George Burrell [1924] 2 KB 52 cited Commissioner of Taxation (NSW) v Stevenson (1937) 59 CLR 80 cited Thornett v Federal Commissioner of Taxation (1938) 59 CLR 787 cited Federal Commissioner of Taxation v Blakely (1951) 82 CLR 388 cited Archer Brothers Pty Ltd (in vol liq) v Federal Commissioner of Taxation (1953) 90 CLR 140 cited Parke Davis and Company v Commissioner of Taxation (1959) 101 CLR 521 applied Glenville Pastoral Company Pty Limited (in liq) v Commissioner of Taxation (1963) 109 CLR 199 cited Commissioner of Taxation v Uther (1965) 112 CLR 630 cited Harrowell v Commissioner of Taxation (1967) 116 CLR 607 discussed Federal Commissioner of Taxation v W E Fuller Pty Ltd (1959) 101 CLR 403 cited Gibb v Commissioner of Taxation (1966) 118 CLR 628 discussed Federal Commissioner of Taxation v Comber (1986) 10 FCR 88 cited BREWING INVESTMENTS LTD ACN 004 233 055 v THE FEDERAL COMMISSIONER OF TAXATION VG 310 of 1998 KENNY J MELBOURNE 28 JANUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 310 OF 1998

BETWEEN: BREWING INVESTMENTS LTD ACN 004 233 055

Applicant

AND: THE FEDERAL COMMISSIONER OF TAXATION

Respondent

JUDGE: KENNY J

DATE OF ORDER: 28 JANUARY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The objection decision the subject of the appeal be set aside. 3. The matter of the objection be remitted to the respondent to be considered and decided according to law. 4. The respondent pay the applicant's costs of and incidental to the appeal.