Catchwords
Taxation – Income tax - Superannuation funds - Whether trustee of superannuation fund was entitled to claim losses from previous years as allowable deductions - Trust deed had been amended between periods when losses incurred and year of income - Whether amendments amounted to re- settlement - Whether lack of continuity in fund between periods when losses incurred and year of income - Indicia of continuity for purposes of Pt IX of Income Tax Assessment Act 1936 (Cth).
Income Tax Assessment Act 1936 (Cth) – ss 79E, 80, 267, 272, 278.
Superannuation Industry (Supervision) Act 1993 (Cth) – ss 10, 45.