Caratti v Commissioner of Taxation (No 2) [2018] FCA 568

TAXATION – construction of Deed of Agreement, Guarantee and Indemnity – Commissioner and taxpayer in dispute as to the alleged taxation liabilities as described in Amended Assessments and Penalty Notices in respect of the years of income ended 30 June 2009, 30 June 2010 and 30 June 2011 – in exchange for securities given in accordance with the Deed, the Commissioner agreed to forbear from undertaking recovery action in respect of the taxation debt upon the terms and conditions set out in the Deed – whether, within the meaning of cl 3.6(k) of the Deed, a valuation procured by the Commissioner indicated that the valuation of the property was less than the valuation provided by the taxpayer or guarantor – if so, whether the taxpayer provided a mortgage over additional property having unencumbered equity of at least half the difference between the Commissioner’s valuation and the valuation provided by the taxpayer or guarantor 

PRACTICE AND PROCEDURE – where previous application by taxpayer discontinued by consent – whether issue estoppel or abuse of process on the part of the Commissioner. Click here.