Dabner, Justin (1999) Tax roulette: Kerry Packer style. CCH Tax Week, 30 October 1999 (44). pp. 1-6.

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Abstract

[Extract] The roulette wheel of tax litigation has again been spun in the Full Federal Court decisions in FC of T v Consolidated Press Holdings Ltd (No 1) and FC of T v Consolidated Press Holdings Ltd (No 2) (see Tax Week 684 (1999)).

The decisions at first instance were the subject of an article in Tax Week 695 (1998). It was there observed that the decisions of Hill J were greeted with derision by most elements of the Australian media, and by some tax academics, who alleged that, by taking a literalist approach to interpreting the tax laws, Hill J had vindicated and encouraged tax avoidance. However, it was argued that his Honour's decision to adopt the literalist rather than the mischief approach to statutory interpretation was well reasoned, albeit with unfortunate results for the revenue.

The Full Federal Court has now substantially affirmed his Honour's judgments although, most significantly, it reversed his decision on the most contentious matter. From an equity perspective, the decisions are to be preferred although they are at the expense of certainty in the interpretation of our tax laws.

Item ID:	35322
Item Type:	Article (Commentary)
ISSN:	1320-9426
Date Deposited:	03 Feb 2017 01:25
FoR Codes:	18 LAW AND LEGAL STUDIES > 1801 Law > 180125 Taxation Law @ 100%
SEO Codes:	97 EXPANDING KNOWLEDGE > 970118 Expanding Knowledge in Law and Legal Studies @ 100%
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