Mochkin v Commissioner of Taxation [2002] FCA 675

FEDERAL COURT OF AUSTRALIA

Mochkin v Commissioner of Taxation [2002] FCA 675

LEVI MOCHKIN v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

V 559, V 560, V 561, V 562, V 563, V 564 of 1999 and V 652 of 2000

RYAN J MELBOURNE 29 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 559 of 1999

BETWEEN: LEVI MOCHKIN

Applicant

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent

JUDGE: RYAN J

DATE OF ORDER: 29 MAY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed in part. 2. The objection decision of the respondent made on 10 August 1999 be set aside except insofar as it related to the inclusion in the applicant's assessable income for the year ended 30 June 1992 of the sum of $564,270 and the deduction from the applicant's assessable income for the said year of the sum of $15,000. 3. The respondent be directed to allow the applicant's objection to the amended assessment issued on 14 April 1999 except insofar as such amended assessment was related to the inclusion in the applicant's assessable income of the said sum of $564,270 and the deduction therefrom of the said sum of $15,000. 4. The respondent be directed to issue an amended assessment for the year ended 30 June 1992 in accordance with law. 5. The respondent pay one half of the applicant's costs of the appeal such costs to be taxed in default of agreement.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 560 of 1999

BETWEEN: LEVI MOCHKIN