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The AAT has held that a payment made to the taxpayer upon her resignation from employment following allegations of discrimination, harassment and assault was an assessable eligible termination payment. In particular, the AAT rejected the taxpayer's argument that the payment was exempt from tax under s 27A(1)(n) of the definition of ETP in ITAA 1936, which refers to "consideration of a capital nature for, or in respect of, personal injury to the taxpayer": McCunn and FCT [2006] AATA 431 (AAT, Block DP, 18 May 2006).

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