Prebble v Commissioner of Taxation [2002] FCA 1434

FEDERAL COURT OF AUSTRALIA

Prebble v Commissioner of Taxation [2002] FCA 1434 TAXATION – Appeal against appealable objection decision – superannuation contribution paid by taxpayer to non-complying superannuation fund for personal benefit – whether taxpayer entitled to claim deduction for contribution as an "eligible employee" under s 82AAA(1) of the Income Tax Assessment Act 1936 (Cth). SUPERANNUATION – Whether Commissioner erred in imposing understatement penalty in respect of tax shortfall – capacity of taxpayer – distinction between employer contributions for benefit of employees and contributions made by individuals for their personal benefit. TAXATION – Appeal against appealable objection decision – liability of trustee company – whether contribution constituted assessable income of company making it liable to income tax, penalty and interest.

Income Tax Assessment Act 1936 (Cth) Harris v Commissioner of Taxation (2001) 48 ATR 434; (2002) ATC 4017; [2001] FCA 1689 Harris v Commissioner of Taxation [2002] FCAFC 226 Appl Anderson v James Sutherland (Peterhead) Ltd [1941] SC 203 Cited JEFFREY JAMES PREBBLE v COMMISSIONER OF TAXATION Q69 OF 2001 JEFFREY JAMES PREBBLE PTY LTD ACN 010 260 394 AS TRUSTEE FOR PREBBLE NO 2 SUPERANNUATION FUND v COMMISSIONER OF TAXATION V715 of 2001 COOPER J BRISBANE 22 NOVEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q69 OF 2001

BETWEEN: JEFFREY JAMES PREBBLE

APPLICANT

AND: COMMISSIONER OF TAXATION

RESPONDENT

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V715 OF 2001

BETWEEN: JEFFREY JAMES PREBBLEPTY LTD ACN 010 260 394 AS TRUSTEE FOR PREBBLE NO 2 SUPERANNUATION FUND

APPLICANT

AND: COMMISSIONER OF TAXATION

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 22 NOVEMBER 2002