Mussalli v Commissioner of Taxation [2021] FCAFC 71 (14 May 2021) (McKerracher, Thawley and Stewart JJ)


Catchwords:


TAXATION – income tax – deductibility – payments made upon entering into lease and license agreements of franchise restaurants – payments described as prepayments of rent – whether payments were capital in nature or on revenue account – characterisation of advantage sought – where the quantum of the prepayment was calculated without reference to the terms of the lease and license agreements