This seminar paper addresses the questions of Part IVA, including: May the taxpayer structure the transaction this way rather than that, especially as the tax outcome is more favourable?; Should the more favourable course of action only be chosen where the taxpayer is in a position to prove that the decision was not driven by the tax advantage?; Is the purpose of the taxpayer determined objectively or subjectively?
These and other issues were addressed in the decisions of the full Federal Court in Eastern Nitrogen Ltd. v. F.C.T and Metal Manufacturers Ltd. v F.C.T
These and other issues were addressed in the decisions of the full Federal Court in Eastern Nitrogen Ltd. v. F.C.T and Metal Manufacturers Ltd. v F.C.T