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The ATO has advised that on 2 December 2009 it lodged an application to seek special leave to appeal against the decision of the Full Federal Court decision in FCT v Anstis [2009] FCAFC 154 (4 November 2009). In that case, the Full Federal Court upheld the decision of Ryan J that Ms Anstis, who received a Youth Allowance as a university student, was entitled to a tax deduction for her education expenses.

Until this matter is resolved, the ATO says that it will continue to apply the view set out in Income Tax Ruling TR 98/9. That is, education expenses are not deductible against various Commonwealth educational assistance schemes.

For a copy of the ATO advice, go here


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