Intro to Tax

Where tax disputes are dealt with

Comm’r Tax, ATO, AAT, FCA, HCA

s51(ii) Aus Constitution

Constitutional Taxation Power (Australia)

Eisner v Macomber ‘fruit and tree’ analogy

tree & land = capital. sale of fruit = income

AssInc - AllDedu = TaxInc

Equation for taxable income

Division 6 ITAA97

Legislative provision for Income

Division ITAA97

Legislative Provision for Deductions

Division 100FF ITAA97

Legislative Provision for Capital Gains

s 6-5 ITAA97

Legislative provision for ‘ordinary income’

s 8-1 ITAA97

Legislative provisions for pos/neg limbs of general deductions

categories of deductions

general and specific categories

Nexus Requirement

Expenditure must be sufficiently proximal to the obtaining/pursuit of AssInc

Amalgamated Zinc case re loss/outgoings ‘in the course of’

‘in the course of’ = analyse scope of operations & activities of business/employment; contextual

Case Facts of Assoc. Newspapers v FTC 1938