Commissioner of Taxation v. Consolidated Media Holdings Ltd
Case No.
S228/2012
Case Information
Lower Court Judgment
20/03/2012 Federal Court of Australia (Stone, Greenwood and Logan JJ)
Catchwords
Taxation — Income tax — Company share buy-back — Off-market purchase — Respondent at relevant time held 100% of issued shares in Crown Melbourne Ltd ('Crown') — Crown resolved to undertake a partial share buy-back — Agreement for off-market share buy-back subsequently entered into — Transfer of shares in Crown by the Respondent was executed for consideration of $1 billion — Whether consideration constituted a dividend within the meaning of s 159GZZZP of the Income Tax Assessment Act 1936 (Cth) or a net capital gain treated as assessable income pursuant to Pt 3-1 of Income Tax Assessment Act 1997 (Cth) — Meaning of 'share capital account' in s 6D(1) of the Income Tax Assessment Act 1936 (Cth) — Income Tax Assessment Act 1936 (Cth), ss 6D, 159GZZZP, 159GZZZQ
Documents
17/08/2012 Hearing (SLA, Sydney)
27/08/2012 Notice of appeal
31/08/2012 Written submissions (Appellant)
31/08/2012 Chronology (Appellant)
14/09/2012 Written submissions (Respondent)
21/09/2012 Reply
13/11/2012 Hearing (Full Court, Canberra)
05/12/2012 Judgment (Judgment summary)