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Extracting the most out of the Stone decision.

Publication date: 01 Jul 05 | Source: CCH TAX WEEK

Issue: Issue 20 2 June 2005

Pages: pp.209-211


In the previous issue of Tax Week (see para.387 (2005)), Mark Burton examined the consequences and limitations of the recent High Court decision in FCT v Stone [2005] HCA 21. The emphasis of that article was  on the joint judgement concerning whether the taxpayer was carrying on a business. There is also scope to examine the separate judgement of Kirby J.

This article explores some of the points raised by his Honour, and evaluates the potential for their application to the assessability of receipts under s 6-5 of ITAA 97.

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Author profile

Michael Blissenden
Michael is Associate Professor of Law at the University of Western Sydney. - Current at 01 February 2015
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