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The ATO has issued a Decision Impact Statement in relation to the AAT decision in The Taxpayer and FCT [2011] AATA 545; 2011 ATC 1-037.

The case concerned whether the taxpayer was engaged in the business of share trading during the income tax year ended 30 June 2008. The AAT held that he was so engaged.

The ATO says that "(t)he case was decided on its facts and the decision that the taxpayer was conducting a business of share trading was based on the findings made by the Tribunal. As the decision was based on the specific facts of the case, it will not have any impact on any existing or future litigation proceedings."


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