Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Rawson Finances Pty Ltd [2012] FCA 753 Citation: Commissioner of Taxation v Rawson Finances Pty Ltd [2012] FCA 753
Appeal from: [2011] AATA 628
Parties: COMMISSIONER OF TAXATION v RAWSON FINANCES PTY LTD
File number: NSD 1711 of 2011
Judge: EDMONDS J
Date of judgment: 17 July 2012
Catchwords: INCOME TAX – assessment of receipts said to be loans and disallowance of outgoings said to be interest payments – appeal from Administrative Appeals Tribunal decision setting aside objection decisions – whether taxpayer proved that receipts were loans and so discharged the onus it carried to show that the assessments were excessive: s 14ZZK(1)(b) of the Taxation Administration Act 1953 (Cth) – Tribunal erred in so concluding – appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Taxation Administration Act 1953 (Cth) s 14ZZK(b)(i) Income Tax Assessment Act 1936 (Cth) Div 7A Pt III, ss 47A, 109K
Cases cited: Commissioner of Taxation v Dalco (1990) 168 CLR 614 followed Commissioner of Taxation v Firth (2002) 120 FCR 450 referred to Commissioner of Taxation v Radilo Enterprises Pty Ltd (1997) 72 FCR 300 referred to Richard Walter Pty Ltd v Commissioner of Taxation (1996) 67 FCR 243 followed
Date of hearing: 3 and 4 April 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Mr BJ Sullivan SC with Ms K Morgan
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate