Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v White (No 2) [2010] FCA 942 Citation: Commissioner of Taxation v White (No 2) [2010] FCA 942
Appeal from: Confidential and Commissioner of Taxation [2009] AATA 869
Parties: COMMISSIONER OF TAXATION v TROY WHITE
File number: VID 889 of 2009
Judge: GORDON J
Date of judgment: 31 August 2010
Catchwords: TAXATION – penalties – failure of the Administrative Appeals Tribunal to consider submissions of the Commissioner – whether matter should be remitted to the Tribunal
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Income Tax Assessment Act 1936 (Cth) Taxation Administration Act 1953 (Cth)
Cases cited: Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd (2003)133 FCR 290 BRK (Bris) Pty Ltd v Federal Commissioner of Taxation [2001] ATC 4111 Cameron Brae Pty Ltd v Federal Commissioner of Taxation (2007) 161 FCR 468 Comcare Australia v Rowe (2002) 35 AAR 410 Commissioner of Taxation v Rozman [2010] FCA 324 Commissioner of Taxation v Zoffanies Pty Ltd (2003) 132 FCR 523 Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267 Federal Commissioner of Taxation v Starr (2007) 164 FCR 436 Hart v Federal Commissioner of Taxation (2003) 131 FCR 203 Pridecraft Pty Ltd v Federal Commissioner of Taxation (2004) 213 ALR 450 Repatriation Commission v Rogers (1999) 29 AAR 164 Walstern Pty Ltd v Commissioner of Taxation (2003) 138 FCR 1
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