3 Sept 2010
J G RUSSELL V THE COMMISSIONER OF INLAND REVENUE HC AK CIV 2009-404-006653
- Citation
- openlaw-601c327c_fa2a_47ce_a70a_d01c31774f1f.pdf
- Court
- High Court
The High Court upheld the Authority: the overall structure controlled and implemented by Russell constituted an 'arrangement' which had the purpose and effect of tax avoidance under s99 (and equivalents); Russell was a person affected and obtained a tax advantage because income from his personal exertions was diverted into loss entities; the Commissioner lawfully reconstructed and assessed the partnership profits to Russell, so the appeal is dismissed.