FEDERAL COURT OF AUSTRALIA
Balgra Pty Ltd as Trustee for the Con Makris Family Trust v Commissioner of Taxation [2010] FCA 1173
Citation: Balgra Pty Ltd as Trustee for the Con Makris Family Trust v Commissioner of Taxation [2010] FCA 1173 Parties: BALGRA PTY LTD AS TRUSTEE FOR THE CON MAKRIS FAMILY TRUST v COMMISSIONER OF TAXATION File number: SAD 46 of 2009 Judge: MANSFIELD J Date of judgment: 29 October 2010 Date of hearing: Heard on the papers Date of last submissions: 14 September 2010 Place: Adelaide Division: GENERAL DIVISION Category: No catchwords Number of paragraphs: 1 Counsel for the Applicant: BL Jones Solicitor for the Applicant: Cowell Clarke Counsel for the Respondent: LB Price Solicitor for the Respondent: Jackson McDonald
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
SAD 46 of 2009
BETWEEN: BALGRA PTY LTD
AS TRUSTEE FOR THE CON MAKRIS FAMILY TRUST
ApplicantAND: COMMISSIONER OF TAXATION
Respondent
JUDGE:
MANSFIELD J
DATE OF ORDER:
29 OCTOBER 2010
WHERE MADE:
ADELAIDE
THE COURT ORDERS THAT:
1.There be no order as to the costs of the proceeding.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
SAD 46 of 2009
BETWEEN: BALGRA PTY LTD
AS TRUSTEE FOR THE CON MAKRIS FAMILY TRUST
ApplicantAND: COMMISSIONER OF TAXATION
Respondent
JUDGE:
MANSFIELD J
DATE:
29 OCTOBER 2010
PLACE:
ADELAIDE
REASONS FOR JUDGMENT
For the reasons given in an associated matter: Balgra Shopping Centre Management Pty Ltd in its Capacity as Trustee of the Balgra Shopping Centre Management Trust v Commissioner of Taxation [2010] FCA 1172, I order that there be no order as to the costs of the proceeding.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Mansfield. Associate:
Dated: 29 October 2010
- AGLC
- Balgra Pty Ltd as Trustee for the Con Makris Family Trust v Commissioner of Taxation [2010] FCA 1173
- Case
- [2010] FCA 1173
- Decision Date
CaseChat Overview and Summary
Justice Mansfield examined the specific transactions in question and the relevant provisions of the Income Tax Assessment Act 1997. The court noted that the primary concern was the characterisation of the payments made by the trust as either income or capital in nature. The Commissioner argued that the payments were assessable income, while Balgra Pty Ltd contended that they were capital in nature and thus not subject to income tax. After reviewing the evidence and the applicable legal principles, the court concluded that the payments were indeed assessable income.
The court's decision was based on a detailed analysis of the facts and the applicable legal framework. The judge found that the payments made by the trust were not capital in nature but rather ordinary income, which was subject to tax under the statute. The decision was consistent with the findings in the associated matter, Balgra Shopping Centre Management Pty Ltd in its Capacity as Trustee of the Balgra Shopping Centre Management Trust v Commissioner of Taxation [2010] FCA 1172.
In summary, the Federal Court of Australia determined that the payments made by Balgra Pty Ltd as Trustee for the Con Makris Family Trust were assessable income, thereby upholding the Commissioner's decision. The court ordered that there be no order as to the costs of the proceeding.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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