"Sections 95 and 97 ITAA 1936 were written in simpler days. The proposition was that if a trust earned income then a beneficiary was taxed on his share of that income. Nowadays we go into more detailed hair splitting about what is income and what share we are talking about. The answer should not be found in the High Court but in Parliament. Taxpayers should be able to choose the structure that best suits their business requirements. It is up to Parliament and their public servants to write legislation that is clear and simple to allow taxpayers to choose their structures without harming the revenue. This already happens with the franking of dividends."