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Tax litigation


Litigation is a costly exercise, and a process of final resort, in which skill, knowledge and rules all play a significant part. Tax litigation is no exception. In this article, the author examines recent trends in tax litigation and, in particular, cases on Pt IVA (the general anti-avoidance provision) of the Income Tax Assessment Act 1936 (Cth).

The article deals with the importance of facts in tax cases, and then explains the different roles of the different courts in tax litigation, with a special focus on the role of appellate courts. The author then considers the publicly-expressed attitude of the Commissioner of Taxation to court decisions in tax cases which he considers to be wrong, and the Commissioner’s current response to recent losses in Pt IVA cases. The article then examines current trends in statutory interpretation, as applied to tax statutes, and concludes with a detailed examination of recent Pt IVA cases.

Author profile:

Author Photo - David BLOOM
David Bloom QC FTIA was admitted as a Solicitor of the Supreme Court of New South Wales in March 1972. He was called to the New South Wales Bar in August 1975 and became one of Her Majesty’s Counsel in 1987. David practices predominantly in the area of revenue law in which he is considered one of the most pre-eminent jurists in Australia. He is the most senior and experienced advocate in his field.
Current at 9 October 2008 Current at 31 August 2010 Click here to expand/collapse more articles by David BLOOM.


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