New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 99(4)

Legal area

Court

13 Aug 2012

RUSSELL v THE COMMISSIONER OF INLAND REVENUE SC 33/2012

Citation

SC 33/2012
Court

Supreme Court

Leave to appeal was declined because the Court of Appeal correctly applied settled legal principles to agreed facts, upheld findings that an arrangement existed which altered the incidence of tax and affected the applicant, that the tax avoidance was more than incidental, and that the Commissioner's reconstruction was not shown to be wrong; the s 99(4) point had no merit and the statutory criteria for leave were not satisfied.
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.