Case M52/2019

Commissioner of Taxation v. Sharpcan Pty Ltd

Case No.


Case Information

Lower Court Judgment

27/09/2018 Federal Court of Australia (Greenwood ACJ, McKerracher & Thawley JJ)

[2018] FCAFC 163


Taxation – Where Administrative Appeals Tribunal held that outgoing of $600,300 incurred by the trustee of the Daylesford Royal Hotel Trust in the year ended 30 June 2010 for acquisition of 18 gaming machine entitlements under Gambling Regulation Act 2003 (Vic) was on revenue account and therefore deductible under s 8-1 of the Income Tax Assessment Act 1997 (Cth) – Whether Full Court (by majority) erred in upholding the decision of Tribunal instead of finding that outgoing was “of capital, or of a capital nature” – Whether Full Court erred in holding that if it was outgoing of capital or of a capital nature, it was expenditure to which s 40-880(6) of Income Tax Assessment Act applied and accordingly a deduction was allowable to trustee in respect of expenditure under s 40-880(2).


20/03/2019 Determination (SLA, Canberra)

03/04/2019 Notice of appeal

08/05/2019 Written submissions (Appellant)

08/05/2019 Chronology (Appellant)

05/06/2019 Written submissions (Respondent)

07/06/2019 Amended written submissions (Respondent)

26/06/2019 Reply

09/08/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

09/08/2019 Outline of oral argument (Appellant)

09/08/2019 Outline of oral argument (Respondent)

16/10/2019 Judgment (Judgment summary)