Puzey v Commissioner of Taxation [2002] FCA 1615

FEDERAL COURT OF AUSTRALIA

Puzey v Commissioner of Taxation [2002] FCA 1615

INCOME TAX – amended assessments – determinations under s 177F(1) of Income Tax Assessment Act 1936 cancelling tax benefits -whether amended assessments were tentative and invalid – whether an assessment made under s 170(1) of Income Tax Assessment Act 1936 must increase or reduce the taxable income to be a duly amended assessment. Income Tax Assessment Act 1936 (Cth) ss 170(1), 177F Spotless Services Ltd v Federal Commissioner of Taxation (1993) 93 ATC 4397 referred to Federal Commissioner of Taxation v Spotless Services Ltd (1996) 186 CLR 404 referred to Dan v Federal Commissioner of Taxation (2000) 2000 ATC 4350 referred to Meredith v Federal Commissioner of Taxation (2001) 2001 ATC 4595 referred to Commissioner of Taxation v Stokes (1996) 72 FCR 160 referred to Meredith v Commissioner of Taxation [2002] FCAFC 271 cited CC (NSW) Pty Ltd (In Liq) v Federal Commissioner of Taxation (1997) 97 ATC 4123 cited NOEL PUZEY v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA W169 OF 2000

W170 OF 2000

W545 OF 2001

LEE J 24 DECEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W169 OF 2000

BETWEEN: NOEL PUZEY

Applicant

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent

JUDGE: LEE J

DATE OF ORDER: 24 DECEMBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The "appeal" be dismissed. 2. The respondent pay the applicant's costs of the "appeal" up to and including 12 November 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W170 OF 2000

BETWEEN: NOEL PUZEY

Applicant