The ATO has issued a Decision Impact Statement in respect of the High Court's decision in Spriggs and Riddell v FCT  HCA 22; 2009 ATC 20-109; 72 ATR 148. The case concerned whether fees paid to managers to negotiate employment contracts between professional football players, football clubs, and other entities, are deductible under s 8-1 of the ITAA 97. The High Court held that they were deductible.
The ATO has invited submissions on whether the Court's finding, that an individual can carry on a business that includes activities undertaken as an employee, has any wider implications under the taxation laws. The ATO will consider whether any further public advice or guidance is necessary, having regard to any comments received. The ATO will amend Taxation Ruling TR 2000/5 to clarify that it does not apply to employees whose employment activities form part of the carrying on of a business.
For a copy of the Decision Impact Statement, go here