The Australian Taxation Office (ATO) has reassured its investigations staff that it will support them in potentially high-profile or controversial prosecutions over tax fraud.
The Queensland Supreme Court recently handed down a decision against the ATO, dismissing a criminal action brought against a therapeutics entrepreneur for allegedly inflating research costs.
The decision by Justice Paul Smith stayed a prosecution mounted by the ATO dating back to 2019 on the basis that an ATO officer engaged in misconduct in the gathering of evidence in the matter.
The decision publicly identifies several ATO officers, but they have not been named as the ATO may still appeal the matter.
Author's summary: ATO faces criticism over investigative misconduct.