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Case Study 1 Case Study Question 1 – (10 marks) Ms Anstis claimed a deduction for education expenses against her youth allowance income, which was denied by the Australian Taxation Office (ATO). Ms Anstis (with the assistance of her father, a lawyer) appealed that the ATO had not applied tax legislation appropriately. The ATO having lost one case then appealed to the High Court. The High Court on 11 November 2010 dismissed the Australian Tax Commissioners appeal against the decision of the Full Federal Court in FC of T v Anstis. The Full Federal Court had previously decided that Ms Anstis, who received a youth allowance as a university student, was entitled to a tax deduction for her education expenses incurred in order to derive her income. The full bench of the High Court held that the expenses were incurred in the gaining of the youth allowance and were not of a private or domestic nature, under the general deduction provisions. In a media release following the High Courts decision, the ATO Commissioner said the ATO was considering the decision and would advise taxpayers on potential claims. Discuss the following: What is the role of the ATO as an executive body? (2 marks) Does it make law? (2 marks) How does this case reflect the interaction of the different bodies under the separation of powers doctrine? (3 marks) What is the significance of the High Court decision in terms of tax law as it is applied within Australia? (3 marks) Additional Question for MPA Is the High Court Decision still law? Explain your answer quoting relevant authority. For MPA students each dot point is worth 2 marks, (Maximum word limit 600 words for UG, 750 words for MPA) Notes 1.When answering the question, ensure that you: identify the issue(s) raised by the facts identify the relevant legal principles apply the relevant legal principles to the facts reach a tentative conclusion Guide to Formal Presentation General 1.The answer should be typed on A4 paper, on one side of the paper only, and with a margin of at least 4 cm. 2.Formal language should be used so avoid jargon, slang and colloquial abbreviations such as dont. Ensure that you use correct spelling. 3.Headings and subheadings may be used if you think that this would assist the presentation of your material. Referencing sources of information 1.Avoid plagiarism by referencing your sources. Sources must be referenced where: You are using someone elses ideas You are quoting directly from a source You are paraphrasing someone elses views (See Crosling G.M. and Murphy H.M How to Study Business Law- Reading, Writing and Exams, 3rded, 2000, p 122). 1.Footnotes should be used to reference your sources and should appear at the bottom of each page. Do not include substantive material in the footnotes. All substantive material should appear in the body of the assignment. Citation of cases 1.When you first refer to a case, you should cite the case in full, either in the text or in a footnote e.g. Mabo v Queensland (No 2) (1992) 175 CLR 1. The case name should be italicised or highlighted in some other way e.g. underlined or placed in bold letters. 1.When subsequently referring to the case, it is acceptable to use a common name for the case, such as Mabos case or Mabo. 1.Where a particular page or paragraph in the case is referred to, then the page number or paragraph number must be given e.g. Mabos case at 9 indicates that the information came from page 9 of Mabos case. There is no need to write page or an abbreviation of the word page. Citation of statutes 1.When citing a statute, the name of the statute should be italicised and the jurisdiction should appear in brackets after the name e.g. Commonwealth of Australia Constitution Act 1900 (UK). 1.When a particular section in the statute is being relied on, then the section should be specified e.g. section 1. It is acceptable to use the abbreviation s for section or ss where more than one section is being referred to e.g. s 1 or ss 5, 6 and 7. However, when a sentence begins with a reference to a section, the word should always be written in full e.g. Section 1 of the Commonwealth of Australia Constitution Act 1900 (UK) provides that … Secondary sources 1.When initially referring to secondary sources such as books, the authors name and initials, full title of the book, edition (if relevant), publication date and page number should be given e.g. Crosling G.M. and Murphy H.M How to Study Business Law- Reading, Writing and Exams, 3rded, 2000, p 122. Bibliography 1.A bibliography listing all books and articles (not cases or statutes) used in the preparation of the assignment should appear at the end of the answer. Guidance from textbooks 1.Use your prescribed textbook and recommended texts as a guide to the way in which cases, statutes and secondary sources are cited and the manner in which legal arguments are structured.
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