Zappia v Commissioner of Taxation [2017] FCA 390

FEDERAL COURT OF AUSTRALIA

Zappia v Commissioner of Taxation [2017] FCA 390 File number: NSD 266 of 2015

Judge: PERRAM J

Date of judgment: 19 April 2017

Catchwords: INCOME TAX – whether taxpayer has discharged onus under Taxation Administration Act 1953 (Cth) s 14ZZO(b)(i) – whether notices of amended assessment excessive – whether funds distributed to taxpayer on revenue account – whether funds were transferred to taxpayer by way of loan – whether funds were held by taxpayer as nominee or bare trustee

Legislation: Taxation Administration Act 1953 (Cth) Part IVC, s 14ZZO(b)(i)

Cases cited: Commissioner of Taxation v Bamford [2010] HCA 10; 240 CLR 481 Danmark Pty Ltd v Federal Commissioner of Taxation (1944) 2 AITR 517; 7 ATD 333 Mulherin v Commissioner of Taxation [2013] FCAFC 115; (2013) 96 ATR 835

Date of hearing: 8 July 2016, 2 August 2016 Registry: New South Wales

Division: General Division

National Practice Area: Taxation

Category: Catchwords

Number of paragraphs: 112

Counsel for the Applicant: Mr I Young

Solicitor for the Applicant: Rubicon Lawyers Pty Ltd

Counsel for the Respondent: Mr G O'Mahoney

Solicitor for the Respondent: Australian Taxation Office, Review & Dispute Resolution

ORDERS NSD 266 of 2015

BETWEEN: ROSE ZAPPIA Applicant

AND: COMMISSIONER OF TAXATION Respondent

JUDGE: PERRAM J DATE OF ORDER: 19 APRIL 2017

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The Applicant pay the Respondent's costs as taxed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.