Justice will be served..!!
This is our continued coverage of this tax case regarding the deductibility of self-education expenses against Youth Allowance income……
The full Federal Court found in favour of Symone Anstis on 4 November 2009.
However, the ATO has once again lodged an application on 2 December 2009 for special leave to appeal against this decision to the High Court.
This should be final rung in the ongoing dispute, so until then, the ATO’s existing non-deductible view stands.
Keep those tax receipts though as we think that Symone has a very strong case to argue.
TIMELINE OF EVENTS (UPDATED)
17/11/2006 ATO issues an amended tax assessment to Symone
27/11/2006 Symone objects to amendment
05/12/2006 ATO disallows Symone’s objection
12/12/2006 Symone goes to Tribunal to dispute ATO decision
18/04/2007 Tribunal rules in favour of ATO
21/07/2008 Symone appeals to the Federal Court
01/04/2009 The Federal Court rules in favour of Symone
29/05/2009 The ATO appeals against the Federal Court decision
04/11/2009 The full Federal Court dismisses the ATO’s appeal
02/12/2009 The ATO appeals the decision to the High Court
COURT JUDGEMENTS
Symone Anstis and Commissioner of Taxation – AAT (18 April 2007)
Anstis v Federal Commissioner of Taxation – Federal Court (1 April 2009)
FC of T v Anstis – Full Federal Court (4 November 2009)
Fingers crossed…!
Taxabull Team
Similar Posts:
- Its official!! The results are out for Federal Commissioner of Taxation vs Symone Antis!!
- ATO appeals court tax ruling on deductibility of education expenses vs Youth Allowance income
- ATO wins! British American Tobacco faces tax bill of $89m
Is there any way to know when the case will be heard in the High Court? Thanks for your coverage so far. I’m keen to see the results of this case!
Leave was granted to the ATO (call me a synic,but i doubt it was ever not going to be granted)on friday 23 april 2010.
Even if the ATO were to lose the federal government would introduce retrospective legislation to deny claims because there is to much money at stake and they would argue that it was never the governments intention to have the deductions allowable “in the spirit of the legislation” that presently exists.
In any case it will be interesting to see if our learned friends on the high court interpret the existing legislation the way the lower courts have until now.
Well the high court did the right thing and confirmed deductions against austudy and youth allowance are legal.
Now wait for the federal government to introduce retrospective legislation to deny them.