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27 Mar 07 Challenge to assessment under s 39B dismissed - Haritopoulos

The Federal Court (Besanko J) has dismissed an application made by a taxpayer for the review of an assessment under s 39B of the Judiciary Act 1903. The Court applied the High Court decision in FCT v Richard Walter Pty Ltd (1995) 183 CLR 168 and held that none of the taxpayer’s claims were arguable. In challenging the assessment, therefore, the taxpayer was limited to the objection and appeal procedures under Part IVC of the Taxation Administration Act 1953: Haritopoulos Pty Ltd v FCT [2007] FCA 394 (Federal Court, Besanko J, 23 March 2007).

For a copy of the decision, go here

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