3 Apr 2012
RUSSELL V THE COMMISSIONER OF INLAND REVENUE COA CA654/2010
- Citation
- COA CA654/2010
- Court
- Court of Appeal
Court held on the facts that the appellant created and controlled one overall arrangement which constituted tax avoidance; he was a person affected by and obtained a tax advantage from that arrangement; the Commissioner was entitled to reconstruct the income to the appellant under s 99(3); s 99(4) does not automatically vitiate or void assessments and any inconsistency can be remedied by amendment; appeal dismissed.