Case Note on Fletcher v FCT (1991) 22 ATR 613:

The facts of this case were that the taxpayer (and three others in partnership) entered a complex scheme, which complex the partnership, and annuity and loan arrangements. The scheme was financed through a serial of round robin cheques and promised substantial conclusions in the first basketball team years of the 15-year plan. A number of documents were exchanged further no cash payments were made. This was calculated to return neutral cash flows with soprano tax deductions initially and high assessable income, especially in the last quintet years. A feature of the scheme was that at that place was an opportunity to terminate it in the last five years. In the relevant year the partnership derived assessable income of $170,000 and claimed deductions of $360,000. The way out earlier the court was whether the taxpayers were entitled to a deduction for interest. A lot of matters were argued forrader the case reached the High Court but before the Full Court the Commission ers contention was that the interest deduction should apportioned and disallowed under s 51(1) to the extent that it exceeded the partnership income. Their reward indicated that if a taxpayers costs in deriving income were less(prenominal) than the echt income, the deductions would be allowable.

However, if the costs exceed the income derived, the taxpayers design for making the white plague whitethorn be relevant in characterizing and apportioning the disbursement for the end of the general deduction provision. This may include the taxpayers purpose for incur the expenditure. Manson CJ, Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ said (at ATR 622-3): ! ...The position may, however, well be diametric in the case where no relevant assessable income notify be identified or where the relevant assessable income is less than the tally of the outgoing...the disproportion between outgoing and income, the whole outgoing is powerful to... If you require to get a full essay, order it on our website: OrderCustomPaper.com

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