Paule v Commissioner of Taxation [2019] FCA 394

TAXATION – appeal from decision of the Commissioner of Taxation to disallow objections to amended assessments – where trustees of various trusts sold shares and made capital gains – where various roll-overs had occurred prior to the sale of shares – whether provisions of Subdiv 115-A of the Income Tax Assessment act 1997 (Cth) operated such that the trustee was taken to have held the shares for a period of at least 12 months – whether s 115-30 or s 115-34 or both deemed the shares to have been acquired at least 12 months earlier – whether the applicants’ construction of ss 115-25, 115-30 and 115-34 was open on the wording of the provisions – whether the Court should read into s 11534 a reference to s 115-30

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