19 Nov 2002
CHEUNG WAH KEUNG v. COMMISSIONER OF INLAND REVENUE
- Citation
- CHEUNG WAH KEUNG v. COMMISSIONER OF INLAND REVENUE
- Court
- Court of Appeal
- Case number
- CACV154/2002
The Court accepted the Board's and Acting Deputy Commissioner's findings that the contractual arrangements and interposition of First-Rate were commercially unrealistic and artificial and were entered into for the dominant purpose of obtaining a tax benefit; accordingly the assessor/assistant commissioner could disregard the transaction under s61 and treat the payments as the Taxpayer's income under the anti-avoidance provisions (including s61A); the appellant failed to discharge the onus of proving the assessments excessive, and the appeal was dismissed.