Federal Commissioner of Taxation v Levy
(1961) 106 CLR 44835 ALJR 581
(Judgment by: Dixon CJ)
Between: Federal Commissioner of Taxation
And: Levy
Judges:
Kitto J
Dixon CJTaylor J
Owen J
Subject References:
Income Tax (Cth)
Judgment date: 8 November 1961
Judgment by:
Dixon CJ
I have had the advantage of reading the judgment prepared by Owen J. and I agree in it.
I would add only that, in my opinion, the fact that in the first five cases, those in which it is the taxpayer who appeals, the figures given in the respective trading accounts for purchases were incorrect is in itself enough to make it impossible to hold that there was a full and true disclosure of all the material facts necessary for the assessment of the taxpayer. "True" in this phrase appears to me to refer simply to the correctness of the material facts disclosed and to imply nothing as to the taxpayer's knowledge of the erroneous character of any incorrect fact he may state. This may possibly go a little further than is required by the judgment of Owen J. But it must be remembered that we are here dealing with a fact or figure positively mis-stated, not with an omission to state a fact either because it was not within the knowledge of the taxpayer or was already within the knowledge of the Commissioner or was a matter of public knowledge. (at p464)