The High Court has refused to allow the Taxpayer’s application for special leave to appeal from the decision of the Full Federal Court in Hart v FCT [2018] FCAFC 61. In its decision, the High Court said the application for special leave to appeal from the decision did not have sufficient prospects of success to warrant a grant of special leave.

The Full Federal Court decision, which now stands, has dismissed the taxpayer’s appeal against a decision upholding Pt IVA determinations that included a portion of a law firm’s earnings in the assessable income of one of the practising solicitors.

We have previously written updates regarding the trial decision of the Federal Court in Talking Tax Issue 81 and the appeal to the Full Federal Court in Talking Tax Issue 121.