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Record W895371716

The spin of a coin: in search of a workable GAAR

2000· article· en· W895371716 on OpenAlexaboutno aff
Justin Dabner

Bibliographic record

VenueSSRN Electronic Journal · 2000
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicTaxation and Legal Issues
Canadian institutionsnot available
Fundersnot available
KeywordsCriticismPosition (finance)Database transactionLaw and economicsLawEconomicsPolitical scienceTax lawTax policyTransaction costIncome taxDouble taxationBusinessTax reformFinanceComputer science
DOInot available

Abstract

fetched live from OpenAlex

By broadly interpreting the general anti-avoidance rule in Part IVA of the Income Tax Assessment Act 1936, the High Court, in FCT v Spotless Services Ltd 96 ATC 5201, has exposed the inadequacies of the provision. The rejection of the "commercial transaction exception" has generated considerable uncertainty and trenchant criticism by the tax advisory profession. The provision is now unworkable. A new approach is mandated. The Review of Business Tax proposal that Part IVA be applied according to the underlying policy of the tax laws suggests the way forward. Such an approach would assimilate the Australian position with proposals considered in the United Kingdom and New Zealand and the approach achieved in Canada. However, it would involve a departure from the traditional literal approach to interpreting tax laws. Critics might question where is the protection of taxpayers that is the basis for the literal approach. This must be founded in a clear expression of objects, an independent review board and a sensible rulings, dispute resolution and penalty regime.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.641
Threshold uncertainty score0.354

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.009
GPT teacher head0.242
Teacher spread0.232 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations3
Published2000
Admission routes1
Has abstractyes

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