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31 Oct 08 Application for declaration dismissed - Kocic

The Federal Court (Edmonds J) has dismissed the taxpayers' application for a declaration that assessments issued to them were not a proper assessment for the purposes of the ITAA 1936 and a declaration that the assessments were invalid and should be quashed. Edmonds J held that ss 175 and 177(1) of ITAA 1936 were a complete answer to the proceedings, which he dismissed. His Honour noted that there were proceedings pending in the Administrative Appeals Tribunal seeking review of the Commissioner’s objection decisions in relation to the assessments: Kocic v FCT [2008] FCA 1576 (Federal Court, Edmonds J, 24 October 2008).

For a copy of the decision, go here

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