Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SCCASP Holdings as trustee for the H&R Super Fund v Commissioner of Taxation [2012] FCA 1052 Citation: SCCASP Holdings as trustee for the H&R Super Fund v Commissioner of Taxation [2012] FCA 1052
Parties: SCCASP HOLDINGS AS TRUSTEE FOR THE H&R SUPER FUND v COMMISSIONER OF TAXATION
File number: QUD 80 of 2011
Judge: LOGAN J
Date of judgment: 26 September 2012
Catchwords: TAXATION – appeal from objection decision made by the Commissioner of Taxation – disallowance by Commissioner of objection against amended assessment – applicant trustee of complying superannuation fund – income of trust applied to superannuation fund pursuant to trust instrument – whether distribution to applicant from trust to superannuation fund gives rise to "special income" – whether "income derived" by the entity in the capacity of a beneficiary of a trust estate includes net capital gain – whether the amount attributable to the applicant's net capital gain has been "derived" notwithstanding not receiving payment of amount or otherwise have income dealt with – applying Allen v Federal Commissioner of Taxation (2011) 195 FCR 416, distribution constituted "income derived" by superannuation and "special income"
Legislation: Income Tax Assessment Act 1936 (Cth) ss 6, 19, 25, 95, 97, 101, 267, 273, 283 Income Tax Assessment Act 1997 (Cth) Subdiv 115-C, 122-A, 124-G; ss 6-5, 6-10, 10-5, 102-5, 102-20, 115-210, 115-215, 995-1
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 followed Allen v Federal Commissioner of Taxation (2011) 195 FCR 416 applied Allen v Federal Commissioner of Taxation [2012] HCA Trans 25 considered Federal Commissioner of Taxation v Bamford (2010) 240 CLR 481 followed Federal Commissioner of Taxation v Sun Alliance Investments Pty Ltd (in liquidation) (2005) 225 CLR 488 followed Zeta Force Pty Ltd v Commissioner of Taxation (1998) 84 FCR 70 considered
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