Fail to Furnish Tax Return – Fine

Our client was a very wealthy executive playing an important role in a large corporation. He faced five charges of failing to furnish a tax return relating to a period of 5 years.

What is alleged to have occured?
At the time the accused committed the alleged offending, he had focused on his busy work requirements and personal issues at the expense of his tax returns.

The Court was dealing with a number of tax cases in a row. In a similar case the Magistrate imposed a $2500 fine.

What happened at court?
We, acting for the client at the Moorabbin Justice Centre, said almost nothing on the plea suggesting that the same penalty would be appropriate because the circumstances were similar.

What was the result?
The Magistrate, in wanting to get on with the business of the busy Court, imposed the same fine.

Lengthy submissions about our client’s personal circumstances and superior financial position could only have resulted in a larger fine being imposed. Sometimes it is what an advocate doesn’t say that secures a good result.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013