Campbell and Commissioner of Taxation (Taxation) [2019] AATA 2043

TAX – whether trust money distributed to a beneficiary properly characterised as assessable income – whether default income tax assessments issued by the ATO excessive – taxpayer’s burden to prove default assessments excessive – whether ATO had obligation to ensure default assessments correctly made - whether administrative penalty correctly imposed under section 284-75(3) of Schedule 1 of the Taxation Administration Act 1953 –– whether discretion should be exercised to remit the penalty - decision under review affirmed

Full decision here