Recent Cases

Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCAFC 28 (08 March 2024) (Besanko, Colvin and Hespe JJ)


TAXATION – Income Tax Assessment Act 1936 (Cth) Part IVA – where gist of the scheme was failure by a trustee to exercise a discretion to make a distribution – whether a reasonable person would conclude that the applicant entered into or carried out one or more of the schemes for the dominant purpose of enabling it to obtain a tax benefit in connection with the scheme within the meaning of s 177D of the Income Tax Assessment Act 1936 (Cth)