Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Bargwanna [2009] FCA 620
INCOME TAX – entitlement to be endorsed as exempt from income tax under Subdiv 50-B of Income Tax Assessment Act 1997 (Cth) – appeal from decision of Administrative Appeals Tribunal that Fund entitled to be so endorsed – whether Fund applied for the purposes for which it was established within s 50-60 – correct test: relevance of intention of settlor/trustees and delegates. HELD – Fund not applied for the purposes for which it was established. Administrative Appeals Tribunal Act 1975 (Cth) s 44 Income Tax Assessment Act 1997 (Cth) ss 50-5, 50-60, 50-75(1) Taxation Laws Amendment Bill (No. 4) 1997 (Cth) Commissioner of Taxation v Word Investments Limited (2008) 236 CLR 204 considered Commissioner of Taxation v Reynolds Australia Alumina Ltd (1987) 18 FCR 29 referred to Diethelm Manufacturing Pty Ltd v Commissioner of Taxation (1993) 44 FCR 450referred to Totalizator Agency Board v Commissioner of Taxation (1996) 69 FCR 311 considered COMMISSIONER OF TAXATION v GRAHAM BARGWANNA AND MELINDA BARGWANNA AS TRUSTEES OF THE KALOS METRON CHARITABLE TRUST
NSD 633 of 2008
EDMONDS J
12 JUNE 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 633 of 2008
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER P W TAYLOR SC
BETWEEN: COMMISSIONER OF TAXATION
Applicant
AND: GRAHAM BARGWANNA AND MELINDA BARGWANNA AS TRUSTEES OF THE KALOS METRON CHARITABLE TRUST
Respondents
JUDGE: EDMONDS J
DATE OF ORDER: 12 JUNE 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal be set aside and in lieu thereof: (a) The application to the Administrative Appeals Tribunal be dismissed. (b) The decision under review be affirmed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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