Harts Australia Limited v Commissioner of Taxation [2001] FCA 1188

FEDERAL COURT OF AUSTRALIA

Harts Australia Limited v Commissioner of Taxation [2001] FCA1188

TAXATION – income tax – appeals from objection decisions – whether deemed assessment – whether power to amend – loss transfer agreements – whether made before returns lodged – whether effective if amount transferred is "so much of the losses required which make [the income company's] taxable income nil" Income Tax Assessment Act 1936 (Cth ) ss 80G, 166A 170(2), 223, 227(3), 221AZD, 223(7), 223, 6(1), 175A, 80G(6)(c), 226J, s 226J, 170AA, 170AA(11), 170AA(1), 170AA(13), Taxation Administration Act 1953 (Cth) s 14ZZO Federal Court Rules O 29 r 2

Federal Commissioner of Taxation v Ryan (2001) 201 CLR 109 mentioned East Finchley v Federal Commissioner of Taxation (1989) 90 ALR 457 at 478 applied Denver Chemical Manufacturing Co Ltd v Commissioner of Taxation (NSW) (1949) 79 CLR 296 at 317 applied Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 at 360 applied Federal Commissioner of Taxation v Brian Hatch Timber Co (Sales) Pty Limited (1972) 128 CLR 28 applied McAndrew v Federal Commissioner of Taxation (1956) 98 CLR 263 applied Harts Australia Limited v Commission of Taxation [2000] FCA 1131 mentioned Harts Australia Limited v Commissioner of Taxation [2001] FCA 761 mentioned Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 at 352 applied HARTS AUSTRALIA LIMITED v COMMISSIONER OF TAXATION Q 204 of 1999 Q 205 of 1999 HEEREY J 28 AUGUST 2001 MELBOURNE (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 204 OF 1999

BETWEEN: HARTS AUSTRALIA LIMITED

AND: APPLICANT

COMMISSIONER OF TAXATION

RESPONDENT

Q 205 OF 1999 BETWEEN: HARTS CONSULTING PTY LTD