McCutcheon v Commissioner of Taxation [2008] FCA 318

FEDERAL COURT OF AUSTRALIA

McCutcheon v Commissioner of Taxation [2008] FCA 318 TAXATION AND REVENUE – consideration of two appeals from a decision of the Administrative Appeals Tribunal affirming a reviewable objection decision of the Commissioner of Taxation in one appeal and setting aside a reviewable objection decision in the other appeal with a determination made by the Tribunal under s 177F(1)(a) of the Income Tax Assessment Act 1936 (Cth) coupled with a remitter to the Commissioner of Taxation to issue an amended assessment to income tax of the applicant/appellant to give effect to the Tribunal's s 177F determination TAXATION AND REVENUE – consideration of three determinations made by the Commissioner of Taxation under s 177F(1)(a) of the ITAA – consideration of the amended assessments issued by the Commissioner to each appellant – consideration of the relationship between a determination made under s 177F and an amended assessment issued to a taxpayer in reliance upon the determination – consideration of whether a tax benefit obtained by a relevant taxpayer for the purposes of s 177C(1)(a) of the ITAA – consideration of whether the scheme is a scheme to which Part IVA applies – consideration of a requirement in s 177F(2) of the decision‑maker to identify the provision under which the amount of assessable income determined under s 177F(1)(a) forms part of the assessable income of the taxpayer PRACTICE AND PROCEDURE – consideration of the admissibility of a statement contained in an appellant's affidavit said to swear the ultimate issue – consideration of admissibility in the context of the issues in the proceeding and the provisions of the affidavit said to depose to material facts in support of the prediction as to future events had the scheme not been entered into or carried out Administrative Appeals Tribunal Act 1975 (Cth), s 43, s 44 Income Tax Assessment Act 1936 (Cth), s 177A, s 177C(1)(a), s 177D, s 177F(1)(a), s 177F(2), s 177F(2A), s 177F(2B) Taxation Administration Act 1953 (Cth), s 14ZZO(b)(i) Evidence Act 1995 (Cth), s 55(1)