Full Court Minute Books

Case S228/2012

Commissioner of Taxation v. Consolidated Media Holdings Ltd

Case No.


Case Information

Lower Court Judgment

20/03/2012 Federal Court of Australia (Stone, Greenwood and Logan JJ)

[2012] FCAFC 36


Taxation — Income tax — Company share buy-back — Off-market purchase — Respondent at relevant time held 100% of issued shares in Crown Melbourne Ltd ('Crown') — Crown resolved to undertake a partial share buy-back — Agreement for off-market share buy-back subsequently entered into — Transfer of shares in Crown by the Respondent was executed for consideration of $1 billion — Whether consideration constituted a dividend within the meaning of s 159GZZZP of the Income Tax Assessment Act 1936 (Cth) or a net capital gain treated as assessable income pursuant to Pt 3-1 of Income Tax Assessment Act 1997 (Cth) — Meaning of 'share capital account' in s 6D(1) of the Income Tax Assessment Act 1936 (Cth) — Income Tax Assessment Act 1936 (Cth), ss 6D, 159GZZZP, 159GZZZQ

Short Particulars


17/08/2012 Hearing (SLA, Sydney)

27/08/2012 Notice of appeal

31/08/2012 Written submissions (Appellant)

31/08/2012 Chronology (Appellant)

14/09/2012 Written submissions (Respondent)

21/09/2012 Reply

13/11/2012 Hearing (Full Court, Canberra)

05/12/2012 Judgment  (Judgment summary)