'Russell Template' clients' appeal thrown out
It may be the end of the road for a decades-long battle against Inland Revenue by alleged tax dodger John George Russell and his corporate clients.
The Court of Appeal has dismissed an appeal taken by several taxpayers who were involved in complex tax arrangements known as the Russell Template, organised by consultant Russell.
IRD considered the taxpayers were engaged in tax avoidance and assessed them accordingly. Those assessments have been unsuccessfully challenged via the Taxation Review Authority and judicial review.
In the latest move, several of Russell's clients appealed against a July 2011 judgment in which Justice Patricia Courtney dismissed an attempt by them to invoke the "slip rule", a technical device which lets the court correct mistakes made by the registry in sealing judgments.
The taxpayers submitted Justice Courtney got it wrong and that her 2009 judgment gave the taxpayers the right to respond and challenge the IRD affidavits.
The Court of Appeal, in dismissing the appeal, ruled in this latest judgment that the intent of the 2009 decision was "to finalise the long, drawn-out process of litigation". Fairfax NZ
- © Fairfax NZ News
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