W.R. Carpenter Holdings Pty Limited v Commissioner of Taxation

International agreements – Dealings between parties not at "arm's length" - Income Tax Assessment Act 1936 (Cth), s 136AD(1) deemed consideration equal to "arm's length consideration" to be received or receivable by taxpayer in certain circumstances if respondent Commissioner determined sub-section should apply - Commissioner determined s 136AD(1) should apply to appellant taxpayers and included "deemed" interest in assessable income - Whether Commissioner obliged to consider fairness and reasonableness to taxpayer and taxpayer purpose or motive when making determination - Relevance of Constitution to statutory construction where tax liability dependent on conclusion of Commissioner respecting particular circumstance or state of affairs.

Income tax – Appeals - Pt IVC of the Taxation Administration Act 1953 (Cth) ("the Administration Act") - Appellants appealed to Federal Court under Pt IVC alleging assessments excessive - Proper issues for determination in Pt IVC proceedings where application of s 136AD(1) disputed.

Practice – Particulars - Pt IVC of the Administration Act - Appellants sought particulars of matters taken into account by Commissioner - Proper role of particulars in Pt IVC proceedings - Whether appellants entitled to particulars.

Words and phrases – "arm's length consideration", "excessive", "international agreement", "profit shifting motive", "substantive liability", "tax avoidance purpose".

Income Tax Assessment Act 1936 (Cth) – ss 136AC, 136AD, 136AF.

Taxation Administration Act 1953 (Cth) – s 14ZZO.