Thursday, March 1, 2012

NSW: ATO official wins right to appeal committal

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NSW: ATO official wins right to appeal committal

NICK PETROULIAS -- once Australia's second most powerful tax official -- has won theright to appeal his committal on charges of defrauding the Commonwealth.

NSW Supreme Court judge CAROLYN SIMPSON has found there were errors of law when PETROULIASwas committed to stand trial in a Local Court last July.

PETROULIAS, a former Australian Tax Office first assistant commissioner, is accusedof ensuring favourable rulings for tax minimisation schemes promoted by his private companywhile rival schemes were rejected.

Justice SIMPSON's found Magistrate DEBORAH SWEENEY erred when she didn't allow crossexamination of ATO officers by lawyers for PETROULIAS, which would have examined the correctnessof his rulings.

Justice SIMPSON will make final orders on the matter tomorrow.

The Crown alleges PETROULIAS helped set up the Productivity Incentive Corporation whichpromoted tax minimisation schemes to reduce income tax and avoid fringe benefits tax,and then approved private binding rulings for its schemes.

PETROULIAS was also committed to stand trial on two minor charges of corrupt conductand possessing ATO documents.

AAP RTV dmc/nf/rp

KEYWORD: PETROULIAS (SYDNEY)

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