Published on 15 Mar 08
by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA
This paper was presented at both the 23 National Convention and the Capital versus revenue: the sun never sets event held in Victoria on 16 April 2008.
The distinction between income and capital has been the pivotal issue on which most tax issues turn since the Commonwealth imposed income tax. When capital gains tax was introduced it was anticipated that the distinction between income and capital would become less significant. To the contrary, the distinction is one gaining more and more attention. In this paper Justice Pagone focuses on recent developments in the income/capital debate including:
- the reasons why the distinction remains so central to the Australian tax system
- the impact of more recent judicial decisions
- if the judgement has been given, the first decision relating to the debt/equity provisions.
The Hon. Tony Pagone was appointed to the Federal Court of Australia in June 2013. Prior to this appointment, he was a judge of the Trial Division and had been the judge in charge of the Commercial Court of the Supreme Court of Victoria. Justice Pagone graduated from Monash University in 1979 with a Bachelor of Laws and from Cambridge University with a Master of Laws (First Class Hons) in 1983. He was admitted as a practitioner in 1980 and signed the roll of counsel in 1985. Justice Pagone was appointed Queen’s Counsel for Victoria in 1996. During his career at the Bar, Justice Pagone practised widely in taxation law, commercial law, administrative law, constitution law, public and human rights law. He was also a part-time member of the Administrative Appeals Tribunal and Special Counsel to the Australian Taxation Office. In 2014, he obtained an LLD from the University of Melbourne for his contribution to scholarship in the field of anti-tax avoidance. He teaches regularly in tax in the University of Melbourne graduate program.
- Current at
19 May 2017