FEDERAL COURT OF AUSTRALIA

 

 

Brown v Commissioner of Taxation [2001] FCA 240


EVIDENCE – where Taxpayer failed to declare home unit as part of his income – where Taxpayer claimed he believed home unit was a gift– where Taxation Office investigated Taxpayer’s claim – where Taxpayer’s accounting and legal representatives initiated meeting with members of the Taxation Office – whether meeting inadmissible under Evidence Act s131(1)(a)– whether operation of s131(1)(a) excluded by s131(2)(g) – whether evidence relevant


Evidence Act s 131


Hayes v Federal Commissioner of Taxation (1956) 96 CLR 47 referred to


 

 



JOHN JOSEPH BROWN v COMMISSIONER OF TAXATION



N 1480 of 1999


EMMETT J

21 MARCH 2001

SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N 1480 OF 1999

 

BETWEEN:

JOHN JOSEPH BROWN

APPLICANT

 

AND:

COMMISSIONER OF TAXATION

RESPONDENT

 

JUDGE:

EMMETT J

DATE:

21 MARCH 2001

WHERE MADE:

SYDNEY

 

CORRIGENDUM TO THE REASONS FOR JUDGMENT OF EMMETT J

DELIVERED 13 MARCH 2001

 

On the orders page:

1. Order 2 should be deleted.

2. The date in Order 4 should read 31 July 2001.



I certify that this is a true and correct copy of the corrigendum to the Reasons for Judgment of the Honourable Justice Emmett.



Associate:


Dated:              21 March 2001



Counsel for the Applicant:

Mr M Christie with Mr J Scarcella



Solicitor for the Applicant:

Blake Dawson Waldron



Counsel for the Respondent:

Mr D McGovern



Solicitor for the Respondent:

Australian Government Solicitor



Date of Hearing:

12 March 2001



Date of Judgment:

13 March 2001