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Tax Case: Quiet Texan drawl puzzles Commissioner

Published on 01 Sep 04 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

The first-instance decisions of Justice Carr in Rataplan Pty Ltd v FCT [2004] FCA 920 and its companion case, Westrac Equipment Pty Ltd v FCT [2004] FCA 921, are noteworthy not so much for the judicial observations expressed in the judgments that were rendered, but for their illustration of the inability of the tax law in force in 1991 to deal appropriately with related party dealings producing what might be seen as mischievous tax results (though there is no suggestion on the facts of the cases that the parties involved were moved by a tax-avoidance or other inappropriate purpose.

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GREENWOOD & FREEHILLS

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