By Issam K. H. Halayqa

ISBN-10: 3934628958

ISBN-13: 9783934628953

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1949) 79 CLR 296. 46 (1926) 38 CLR 131. , supra note 45. 48 Case D47, 72 ATC 272. 5 The GAAR Australia has adopted a GAAR. A GAAR first appeared as Section 53 Income Tax Act 1915. It then appeared in similar form as section 260 Income Tax Assessment Act 1936, when that Act was first enacted. In 1981 the GAAR was redrafted and appeared as Part IVA Income Tax Assessment Act 1936. The original Australian GAAR was adopted from section 29 of the New Zealand Property Assessment Act 1879, which was primarily concerned with taxes on real estate.

Generally, the taxpayer is expected to show what the correct assessment should have been. 30 This is different from the burden of proof generally borne by litigants in other civil litigation where the appellant/applicant bears the burden of proof. However, before taxpayers can seek a merit review of the Commissioner’s decision, they are generally required to have attempted to resolve the dispute directly with the Commissioner. This can be done before the taxpayer makes a formal objection, or subsequent to the Commissioner’s decision regarding the objection.

There are often six or more Taxation Amendment Acts of considerable length passed through the Federal Parliament each year and most of the Taxation Amendment Acts contain legislation on many aspects of substantive taxation law. From time to time a review of specific aspects of taxation law is undertaken by the Federal Government. Likewise, from time to time a general review of the taxation system is undertaken on behalf of the Federal Government. Australia has just had one of these reviews and the Henry Committee presented its Report – Australia’s Future Tax System – to the Federal government in December 2009.

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A comparative lexicon of Ugaritic and Canaanite by Issam K. H. Halayqa


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