Case Law

This page shows a summary of relevant case law. To view the section of legislation to which the case law applies, click the link below:

Case Law

Accounts prepared by an accountant as part of his workings were ‘within the possession or power’ of the taxpayer. Quigley v Burke 1995 V ITR 265

The taxpayer being the person with access to all of the facts and documents relating to his/her own tax affairs, is bound not only to retain documentation in accordance with the requisite statutory provisions but also to produce such documentation as may be required in support of his/her appeal so as to meet the burden of proof. The taxpayer did not succeed in proving on the balance of probabilities that the assessments were incorrect and therefore did not discharge the burden of proof. 09TACD2017

This appeal considered the obligation of a taxpayer to maintain books and records. 124TACD2020

This appeal considered the obligation to maintain proper books and records to support a tax return. 148TACD2020