Riddell v Federal Commissioner of Taxation [2007] FCA 1818

FEDERAL COURT OF AUSTRALIA

Riddell v Federal Commissioner of Taxation [2007] FCA 1818

TAXATION – income tax – allowable deductions – where taxpayer is professional sportsperson - whether sports management fee was an outgoing incurred in gaining or producing assessable income - whether management fee was an outgoing necessarily incurred in conducting a business – whether came at a point too soon to be relevant and incidental - whether of a capital nature Income Tax Assessment Act 1997 (Cth) ss 8, 995-1 Colonial Mutual Life Assurance Society Ltd v Federal Commissioner of Taxation (1953) 89 CLR 428 cited Commissioner of Taxation v Broken Hill Pty Co Ltd (2000) ATC 4659 cited Commissioner of Taxation v Stone (2005) 222 CLR 289 cited Federal Commissioner of Taxation v Citylink Melbourne Limited (2006) 80 ALJR 1282 cited Federal Commissioner of Taxation v Maddalena (1971) 45 ALJR 426 distinguished Federal Commissioner of Taxation v Raymor (NSW) Pty Ltd (1990) 24 FCR 90 cited Federal Commissioner of Taxation (Cth) v Total Holdings (Australia) Pty Ltd (1979)43 FLR 217 cited GP International Pipecoaters Pty Ltd v Federal Commissioner of Taxation (1990) 170 CLR 124 cited Hallstroms Pty Ltd v Federal Commissioner of Taxation (1946) 72 CLR 634 cited Martin v Federal Commissioner of Taxation (1953) 90 CLR 470 Maryborough Newspapers Co Ltd v Federal Commissioner of Taxation (1929) 43 CLR 450 cited Sun Newspapers Ltd & Associated Newspapers Ltd v Commissioner of Taxation (1938) 61 CLR 337 cited MARK RIDDELL v FEDERAL COMMISSIONER OF TAXATION VID 313 OF 2007

GORDON J

23 NOVEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 313 OF 2007

BETWEEN: MARK RIDDELL

Applicant

AND: FEDERAL COMMISSIONER OF TAXATION

Respondent

JUDGE: GORDON J DATE OF ORDER: 23 NOVEMBER 2007