Court of Appeal Wellington
CA 204/01
22, 23 May; 5 December 2002
Gault P, McGrath and Anderson JJ
CA 204/01
22, 23 May; 5 December 2002
Gault P, McGrath and Anderson JJ
Revenue — Income tax — General anti-avoidance rule — Whether Commissioner bound to apply rule in accordance with published policy statement — Whether potential liability for tax on funds on part of other participants meant scheme not an avoidance scheme — Income Tax Act 1976, s 99.
Judicial review — Legitimate expectation — Policy statement on application of general anti-avoidance rule — Whether Commissioner bound by policy statement in exercising statutory duties — Income Tax Act 1976, s 99.
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