Case H16

Judges: JL Burke Ch

RE O'Neill M
CF Fairleigh QC

Court:
No. 1 Board of Review

Judgment date: 5 April 1976.

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R.E. O'Neill (Member): For the reasons given by my colleagues I agree that the Commissioner's decision on the objection must be upheld notwithstanding the fact that the value of the group of companies looked at as one unit was the same before and after completion of the sales by the objector company to its parent companies (A Pty. Ltd. and B Pty. Ltd.) of the shares it had in D Pty. Ltd. This anomaly in the operation of the law is evidenced also by the decision of this Board, as then constituted, in
9 T.B.R.D. Case J70 where the facts were in substance the same.