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I have never seen a case where the Commissioner sought to impose a legal view on a trust and "challenge" common law. Even the decison on "what is trust income" was a deal brokered with a taxpayer and funded by the ATO. Tax Law cant even define what a fixed trust is. Perpetuity isnt a term in...

The key issue is - What the jurisdiction ? What does the deed say. which law governs the trust ? Like all legal issues, this isnt a complex area providing you get legal advice. There can be serious issues - Gina Reinhart encountered this precise issue. And a few kids who grew tired of her...