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Bamford v Federal Commissioner of Taxation

Taxation in Australia | 1 Jun 10
 
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Published on 01 Jun 10 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

The High Court has now decided that a beneficiary 'share of the income of the trust estate' under section 97 is to be determined under the proportionate approach and 'the income of the trust estate' is its income according to trust principles. This paper deals with the decision, the issues still to be resolved and the need for legislative reform.

Author profile

Terry Murphy QC, CTA
Terry has focused on advising and appearing for taxpayer and revenue authorities in the Federal Court and High Court, and in alternative dispute resolution for over 30 years. He was appointed to be the Special Counsel to the Australian Taxation Office from 2008 to 2010 and was a Past President of the Tax Bar Association. Terry is a member of Taxation Subcommittee of the Law Council, Chair of the Tax Group Advisory Board, and a Senior Fellow of the University of Melbourne Law School. - Current at 30 August 2021
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