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The AAT has refused a taxpayer's application for review of the Commissioner's discretion, conferred by s 304-10(4) ITAA 1997, not to include superannuation benefits paid to the taxpayer contrary to the payment standards prescribed under the Superannuation Industry (Supervision) Act 1993: Smith and FCT [2011] AATA 563 (AAT, Allen SM, 16 August 2011).


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