Bell v Commissioner of Taxation [2012] FCA 1042

FEDERAL COURT OF AUSTRALIA

Bell v Commissioner of Taxation [2012] FCA 1042 Citation: Bell v Commissioner of Taxation [2012] FCA 1042

Appeal from: Christopher Bell v Commissioner of Taxation [2012] AATA 45

Parties: CHRISTOPHER BELL v COMMISSIONER OF TAXATION

File number: VID 151 of 2012

Judge: GORDON J

Date of judgment: 19 September 2012

Catchwords: INCOME TAX – capital gains tax – small business concessions – maximum net asset value test – meaning of "entity" – meaning of "liabilities of the entity that are related to the assets" – whether question of fact or question of law – Income Tax Assessment Act 1997 (Cth), Div 152

Legislation: A New Business Tax System (Capital Gains Tax) Bill 1999 (Cth) A New Tax System (Goods and Services Tax) Act 1999 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth) Tax Laws Amendment (Simplified Superannuation) Act 2007 (Cth) Tax Laws Amendment (2006 Measures No 7) Act 2007 (Cth)

Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Bruce v Cole (1998) 45 NSWLR 163 Collector of Customs v Agfa-Gavaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Comcare v Broadhurst (2011) 120 ALD 228 Commissioner of Taxation v Luxottica Retail Australia Pty Ltd (2011) 191 FCR 561 Commissioner of Taxation v Traviati [2012] FCA 546 Condell v Commissioner of Taxation (2007) 66 ATR 100 Coulton v Holcombe (1986) 162 CLR 1 Federal Commissioner of Taxation v Trail Brothers Steel & Plastics Pty Ltd (2010) 186 FCR 410 Industry Research and Development Board v Bridgestone Australia Ltd (2001) 109 FCR 564 Kowalski v Repatriation Commission [2011] FCAFC 43 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Re Minister for Immigration and Multicultural Affairs; Ex parte Application S20/2002 (2003) 198 ALR 59 Saunders v Vautier (1841) 4 Beav 115; 49 ER 282 Secretary, Department of Family & Community Services v Edwards (2000) 105 FCR 220 Travelex Ltd v Federal Commissioner of Taxation (2010) 241 CLR 510 VWBF v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 154 FCR 302 Waterford v The Commonwealth of Australia (1987) 163 CLR 54 White v Commissioner of Taxation [2012] FCA 109 Zizza v Commissioner of Taxation (1999) 41 ATR 96 Heydon JD and Leeming MJ, Jacobs' Law of Trusts in Australia (7th ed, Butterworths, 2006)