Peter Sleiman Investments Pty Limited as Trustee for The Sleiman Family Trust and Commissioner of Taxation (Taxation)

This matter concerned an appeal by Peter Sleiman Investments Pty Limited as Trustee for The Sleiman Family Trust (the Applicant) against default assessments issued by the Commissioner of Taxation (the Respondent). The Applicant contended that its sole income derived from rental properties, and that the assessments were excessive. The Respondent argued that the Applicant had failed to discharge its onus to prove the assessments were incorrect.

The primary legal issues before the Tribunal were whether the Applicant had discharged its onus to demonstrate that the default assessments were excessive or incorrect, and whether the Applicant was liable for an administrative penalty. The Tribunal was required to consider the evidence presented by the Applicant, including affidavits, statutory declarations, and financial documents, in light of the Applicant's asserted limited business activities.

The Tribunal found that the Applicant had failed to discharge its onus. The evidence presented, including depreciation schedules listing numerous assets such as luxury vehicles, firearms, and extensive electronic equipment, was inconsistent with the Applicant's claim of only deriving rental income from a few properties. Furthermore, statutory declarations purporting to evidence loans to the Applicant were found to be vague, lacking in detail regarding the circumstances and terms of the alleged loans, and contained discrepancies in amounts. The Tribunal concluded that the Applicant's evidence was insufficient to verify its claims and that the default assessments were therefore not proven to be excessive or incorrect. Consequently, the objection decision was affirmed, and the Applicant was found liable for an administrative penalty, with no grounds for remittal.