Commissioner of Taxation v Anovoy Pty Ltd [2001] FCA 447

FEDERAL COURT OF AUSTRALIA

Commissioner of Taxation v Anovoy Pty Ltd [2001] FCA 447 INCOME TAX – deduction – whether outgoing of interest on money borrowed to effect renovations to dwelling house purchased by taxpayer years earlier, allowable outgoing under first positive limb of s 51 of Income Tax Assessment Act 1936 (Cth) – whether outgoings of interest incurred in gaining or producing assessable income – whether Administrative Appeals Tribunal elided application of first positive limb with capital outgoing exception.

Inglis v Federal Commissioner of Taxation (1979) 40 FLR 191 discussed Steele v Federal Commissioner of Taxation (1997) 73 FCR 330 discussed Steele v Deputy Commissioner of Taxation (1999) 197 CLR 459 discussed Steele v Deputy Commissioner of Taxation (1996) 31 ATR 510 referred to Wharf Properties Ltd v Commissioner of Inland Revenue of Hong Kong 97 ATC 4225 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Travelodge Papua New Guinea Ltd v Chief Collector of Taxes (1985) 85 ATC 4432 discussed Commercial and General Acceptance Ltd v Federal Commissioner of Taxation (1977) 137 CLR 373 referred to Federal Commissioner of Taxation v Whitfords Beach Pty Ltd (1982) 150 CLR 355 referred to Federal Commissioner of Taxation v Montgomery (1999) 198 CLR 639 discussed Statham v Federal Commissioner of Taxation (1988) 89 ATC 4,070 discussed Commissioner of Taxation v Emmakell Pty Ltd (1990) 22 FCR 157 discussed Hyundai Automotive Distributors Pty Ltd v Australian Customs Service (1998) 81 FCR 590 discussed

Administrative Appeals Tribunal Act 1975 (Cth) s 44, 44(1) Income Tax Assessment Act 1936 (Cth) ss 25(1), 51, 51(1) Health Act 1911 (WA) ss 135, 139

COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v ANOVOY PTY LIMITED W 133 OF 2000 LEE, CARR AND LINDGREN JJ 23 APRIL 2001 PERTH