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31 Jul 08 High Court dismisses taxpayers' appeals on particulars - W R Carpenter

The High Court (Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Crennan and Kiefel JJ) has dismissed the taxpayers' appeals from the decision of the Full Federal Court (Heerey, Stone and Edmonds JJ), which dismissed the taxpayers' appeal from a decision of Lindgren J, in which his Honour had refused the taxpayers' application for particulars of the matters taken into account by the Commissioner in making 3 determinations under the "transfer pricing" provisions of ss 136AD(1), 136AD(2) and 136AD(4) of Div 13 of ITAA 1936, against which the taxpayers had objected and appealed to the Federal Court.

The High Court said, at para 31:

"There is no sufficient warrant in the text of Div 13, its subject matter, scope and purpose, to conclude that the Commissioner was obliged to consider any one or more of the three matters relied on by the appellants (fairness and reasonableness to them in the application of the sub-section, absence of 'a tax avoidance purpose', and absence of 'a profit shifting motive'). It follows that those matters cannot present issues for the appeals and particulars would be otiose."

W.R. Carpenter Holdings Pty Limited v FCT; W.R. Carpenter Australia Pty Limited v FCT [2008] HCA 33 (High Court; Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Crennan and Kiefel JJ; 31 July 2008).

 For a copy of the decision, go here

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