The Court had earlier rejected (on factual grounds) the taxpayer's submission that the notice of assessment was invalid because it had been made with a lack of bona fides (because it was tentative or provisional, or because no genuine attempt had been made to ascertain the taxpayer's taxable income) or for an improper purpose (to support the issue of the garnishee notices).
As a result of earlier interlocutory relief, the moneys owed by the third parties to the taxpayer had been paid into Court pending the outcome of these proceedings. The Court noted that the notice of assessment had since been properly served on the taxpayers, with a debt currently due and payable. The Court sought further submissions from the parties as to what orders should be made, suggesting that the taxpayer's victory in this case may be well and truly pyrrhic: Shail v FCT  FCA 655 (Federal Court, Middleton J, 4 May 2007).
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