MISSION IMPOSSIBLE
Situation: The Japanese Strategist, Mr Kenichi Ohmea, has informed the Asian Nations that most Australians have the attitude to "assume something is not possible before you even try" (Australian Financial Review, 1st. Sept. 1994) - a polite Asian euphemism for the Australian term "Gutless". Mission
Statement: FlagPole
Memorial: Modus Operandi: The Australian Tax
Office: Personnel: Training: Deployment: Time Frame:
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WARNING! In the case of exposure this Memorandum will ensure against self destruction by the status granted by the United Nations "Freedom of Choice", the High Court of Australia "Choice Principle", the N.S.W. Supreme Court "Duty of Care" and the formal approval of the Australian Tax Office Ref: ***** "Parliament having prescribed the circumstances which will attract tax, or provide occasion for its reduction or elimination, the citizen has every right to mould the transaction into which he is about to enter into a form which satisfies the requirements of the statute... [It cannot] matter that his choice of transaction was influenced wholly or in part by its effect upon his obligation to pay tax."
High Court of Australia: Determination by Chief Justice Sir Garfield
Barwick. (Supreme Court of N.S.W.) ----"an accountant or solicitor who fails to give any consideration to lawful tax minimisation structures which reasonably should be known or discoverable at the time a matter is current would, prima facie, be professionally negligent, unless there is an express disclaimer (which should be confirmed in writing) that no advice on revenue aspects, including stamp duty is proffered. Indeed, an accountant or solicitor should also consider the tax position of others who might reasonably be foreseen to be affected (eg Beneficiaries of a trust or shareholders in a company), as a duty of care may be owed to them". Determination by Justice Cohen, Bayer v Balkin (95 ATC 4609)
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