Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mingos v Commissioner of Taxation [2019] FCA 834 File number: VID 205 of 2018
Judge: DAVIES J
Date of judgment: 7 June 2019
Catchwords: TAXATION – appeal from decision of the Commissioner of Taxation disallowing objection to inclusion of capital gain from sale of property in taxpayer's assessable income for 2014 income year – where proceeds from sale distributed to taxpayer by trust – where title to property in name of trustee company – whether property had been held on beneficial "subtrust" for taxpayer such that main residence exemption applicable – where property transferred to trustee company with consent of taxpayer – where property treated as trust asset for relevant income years – where no contemporaneous evidence of relevant interest in or entitlement to property at time of sale – whether amount of capital gain on which taxpayer assessed excessive – onus not discharged – appeal dismissed
Legislation: Family Law Act 1975 (Cth) Income Tax Assessment Act 1997 (Cth) Taxation Administration Act 1953 (Cth)
Cases cited: Jones v Daniel (2004) 141 FCR 148; [2004] FCAFC 278 Kafataris v Deputy Commissioner of Taxation (2008) 172 FCR 242; [2008] FCA 1454 Official Trustee in Bankruptcy v Mateo (2003) 127 FCR 217; [2003] FCAFC 26 Taras Nominees Pty Ltd v Commissioner of Taxation (2014) 94 ATR 751; [2014] FCA 1
Date of hearing: 28 and 29 November 2018
Registry: Victoria
Division: General Division
National Practice Area: Taxation
Category: Catchwords
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