High Court of Australia
No S 65 of 2001
MICHAEL JOHN GLENNAN
COMMISSIONER OF TAXATION
JUDGMENT GLEESON CJ
MICHAEL JOHN GLENNAN
v
COMMISSIONER OF TAXATION
Mr Glennan, the plaintiff in this action, has for many years been in dispute with the defendant, the Commissioner of Taxation, concerning an income tax assessment which included an amount of $1,365,000 in his
assessable income for the year ended 30 June 1988.
The facts giving rise to that assessment are set out in the judgment of the Full Court of the Federal Court in Commissioner of Taxation v Glennan' and in the judgment of Kirby J in Re Carmody; Ex parte Glennan®. I will not repeat them in detail. For present purposes, it is necessary to refer to them only in
outline.
The plaintiff was a party to a joint venture agreement in connection with a proposed engineering project. He sued in the Supreme Court of New South Wales for moneys he claimed were due to him under the agreement. The action was settled. He was paid $1,365,000. The Commissioner asserted that the amount was assessable income, and assessed accordingly. The plaintiff
objected to the assessment. The objection was disallowed. The matter came
1 (1999) 90 FCR 538. 2 (2000) 173 ALR 145 74 ALJR 1148.
before the Administrative Appeals Tribunal. The Tribunal upheld the assessment. The plaintiff appealed to the Federal Court of Australia. He succeeded at first instance. The Commissioner appealed to the Full Court of the Federal Court. The appeal was successful. The Full Court, on 26 March 1999, held that the Tribunal had not erred in law in concluding that the whole of the amount in question was income according to ordinary concepts, and assessable under s 25(1) of the Income Tax Assessment Act 1936 (Cth). The reasons for that conclusion turned upon the provisions of the joint venture agreement, the nature of the plaintiff's claims in the Supreme Court action, and the relationship between those claims and the settlement payment. The plaintiff filed applications for special leave to appeal to this Court. He discontinued those
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