High Court of Australia

Commissioner of Taxation v. Commercial Nominees of Australia Limited [2001] HCA 33

75 ALJR 1172; 179 ALR 655

31 May 2001

Case Number: S150/2000

Before

Gleeson CJ, Gaudron, McHugh, Kirby, Callinan JJ

Catchwords

Taxation – Income tax - Superannuation funds - Whether trustee of superannuation fund was entitled to claim losses from previous years as allowable deductions - Trust deed had been amended between periods when losses incurred and year of income - Whether amendments amounted to re- settlement - Whether lack of continuity in fund between periods when losses incurred and year of income - Indicia of continuity for purposes of Pt IX of Income Tax Assessment Act 1936 (Cth).

Income Tax Assessment Act 1936 (Cth) – ss 79E, 80, 267, 272, 278.

Superannuation Industry (Supervision) Act 1993 (Cth) – ss 10, 45.

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