Jankovic & Jankovic

The parties in this matter were the applicants, Mr. and Mrs. Jankovic, and the respondent, the Commissioner of Taxation. The dispute concerned the Commissioner's assessment of additional income tax and penalties against the Jankovics for the 2013 and 2014 income years. The Jankovics sought to have these assessments set aside, arguing that they had a reasonably arguable case that the Commissioner had made an error in the amended assessments. The case was heard in the Federal Court of Australia before Fowler J.

The primary legal issue before the Court was whether the Jankovics had established that they had a reasonably arguable case that the Commissioner had made an error in the amended assessments. This required the Court to consider the nature of the Jankovics' objections to the amended assessments and whether those objections had sufficient legal or factual merit to be considered "reasonably arguable." The Court also had to determine whether the Jankovics had met the threshold for setting aside the amended assessments, which involved demonstrating a reasonably arguable case of error.

Fowler J considered the evidence and submissions presented by both parties. The Court noted that the Jankovics' objections were largely based on a contention that certain amounts were not assessable income. However, the Court found that the Jankovics had failed to provide sufficient evidence or legal argument to demonstrate that the Commissioner's amended assessments were erroneous. The Judge concluded that the Jankovics had not established a reasonably arguable case that the Commissioner had made an error, and therefore, the threshold for setting aside the amended assessments had not been met.

Consequently, Fowler J dismissed the Jankovics' application to set aside the amended assessments. The Court ordered that the amended assessments issued by the Commissioner of Taxation for the 2013 and 2014 income years stand.