Ramsden v Federal Commissioner of Taxation [2004] FCA 632

FEDERAL COURT OF AUSTRALIA

Ramsden v Federal Commissioner of Taxation [2004] FCA 632

TAXATION - appropriation of trust income – appealable objection decision under s 14ZZ Pt IVC of the Taxation Administration Act 1953 (Cth) – whether purported appointment of income effective – consequences of ineffective appointment of income – application of subs 61(3) of the Trusts Act 1973 (Qld) – whether executed Deeds of Disclaimer effective Taxation Administration Act 1953 (Cth) ss 14ZZ, 14ZZO, Pt IVC Income Tax Assessment Act 1936 (Cth) s 97, subs 190(a), Pt III Div 16 Trusts Act 1973 (Qld) s 61 Property Law Act 1974 (Qld) subs 210(1) BRK (Bris) Pty Ltd v Federal Commissioner of Taxation (2001)46 ATR 347 considered Commissioner of Taxation v Marbray Nominees Pty Ltd (1985) 81 FLR 280 referred to East Finchley Pty Ltd v Federal Commissioner of Taxation (1989) 90 ALR 457 referred to Pilkington v Inland Revenue Commissioners [1964] AC 612 referred to Federal Commissioner of Taxation v Vegners (1989) 90 ALR 547 cited Cridland v The Commissioner of Taxation of the Commonwealth of Australia (1977) 140 CLR 330 referred to Re Cavill Hotels Pty Ltd [1998] 1 Qd R 396 cited Turner v Turner [1984] 1 Ch 100 cited Lighthouse Philatelics Pty Ltd v Commissioner of Taxation (1991) 32 FCR 148 referred to Commissioner of Taxation v Jackson (1990) 27 FCR 1 referred to The Commissioner of Taxation for the Commonwealth of Australia v Dalco (1990) 168 CLR 614 referred to In re Gulbenkian's Settlements (No 2), Stephens v Maun [1970] 1 Ch 408 referred to Vegners v Federal Commissioner of Taxation (1991) 21 ATR 1347 referred to The Federal Commissioner of Taxation v Cornell (1946) 73 CLR 394 referred to Re Paradise Motor Co. Ltd. [1968] 1 WLR 1125 referred to Hodge v Griffiths [1940] 1 Ch 260 cited Standing v Bowring (1886) 31 Ch D 282 referred to Re Stratton's Disclaimer [1958] 1 Ch 42 referred to