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Commissioner of Taxation v Bargwanna

[2012] HCA 11
Case number
S284/2011
Before
French CJ, Gummow, Hayne, Heydon, Crennan JJ
Catchwords

Taxation – Income tax - Exemption from income tax under Div 50 of Income Tax Assessment Act 1997 (Cth) - Charitable purpose - Whether fund was applied for the purposes for which it was established - Whether application of fund viewed as a whole sufficient to qualify for exemption.

Trusts – Trustees - Charitable trust - Breaches of trust - Mingling of trust monies with other monies - Use of trust monies by trustees in their personal capacity - Relevance of success on possible application under s 85 of Trustee Act 1925 (NSW).

Words and phrases – "charitable trust", "income tax exemption", "misapplication of trust monies", "purposes for which it was established".

Income Tax Assessment Act 1997 (Cth) – Div 50.

Trustee Act 1925 (NSW) – s 85.

Files
11.rtf (205.23 KB)
11.pdf (81.95 KB)