Gary Kurzer lost his business, his home, his marriage and his health trying to fight the legal might of the Tax Office after a botched tax bill based on ”incorrect methodologies” sparked an eight-year legal dispute.
Sydney architect Gary Kurzer battled the ATO for five years over an audit gone bad. The ATO originally demanded $407,000 in tax and penalties, which was later reduced to $8,500 after former commissioner Michael D’Ascenzo stepped in and ordered a review of his case.
The former architect’s troubles began in 2006 when he and his ex-partner sold two seaside units in Terrigal on the NSW central coast and the Tax Office decided that he was liable for a $200,000 GST bill on the proceeds of the sale.
It took five years and action in the Administrative Appeals Tribunal (AAT) and other forums for the Tax Office to concede its mistake, that Mr Kurzer’s liability should have been just $8554 and his tax liability had been assessed using ”incorrect methodologies”.
But according to his Federal Court case, years of conflict, appeals, claims and counter-claims had taken an emotional, physical and financial toll on Mr Kurzer, who says his emotional problem are so bad that he can no longer work.
Mr Kurzer fought for years without a lawyer against the might of law firm Minter Ellison hired by the Tax Office (taxpayer funded), claiming damages of $5.8 million for economic harm as well as emotional distress, pain and suffering.
Mr Kurzer says a court victory would inspire thousands of Australians battling what they say are unfair Tax Office decisions.
”The Tax Office is allowed to collect what it is entitled to collect,” he said. ”It is not entitled to harass, to bully, to lie, to cheat, to force people into these situations when they don’t owe the money”.
Mr Kurzer, rejected a Tax Office offer to settle the case, said that his experience was just one of thousands of bad Tax Office decisions that had destroyed lives.
”There is collateral damage to families, to people, to businesses. People are going on welfare, their kids are suffering.”
Mark Chapman of lobby group Taxpayers Australia says that most taxpayers who fall victim to mistakes by the Tax Office do not have the money to fight the taxation officials.
”Kurzer is by no means unique,” Mr Chapman said. ”At Taxpayers Australia, we receive a steady stream of comments from aggrieved taxpayers who have had to fight tooth and nail for their rights in the face of an intransigent Tax Office.
Mr Kurzer, like many of these taxpayers find themselves out of pocket and emotionally scarred. Many simply give up, having no stomach for the continued fight, even though they know they are innocent.
Gary has paid the ultimate price for simply continuing to fight for justice. How many taxpayers continue to suffer in silence due to the actions of the Taxation Office? How many more innocent taxpayers will take their own lives before this abuse and injustice is stopped?
Google Drive
Australian Taxation Office & Suicide
https://drive.google.com/file/d/1_eII0guxmx28VHQLsnLFis0OqI0Vtkqe/view
The file has been provided by activist Steve Davies, for further reading about Gary’s case.
A toxic organisation culture, the abuse of power and subjecting people to continuous traumatic stress are deeply intertwined. There is no doubt that the taxation office has a big ego and is obsessed with its own reputation. A ‘win at all costs’ culture, resistance to oversight along with a willingness and capability to abuse power are all evident.
What is also evident is that the ATO will subject people, whose threats or complaints expose its willingness and capability to abuse power, to continuous traumatic stress.
Suicide of Gary Kurzer
Mr Davies says he came to know Gary Kurzer about six years ago because he was putting the spotlight on the breaches of the model litigant obligations and the failure to treat taxpayers fairly in relation to his own experiences with the Taxation Office. Gary was a thoughtful and honest man who was appalled at the number of people who sought his assistance with similar stories.
Gary Kurzer was a hero who fought hard against the injustices committed against himself and many other innocent taxpayers by the Taxation Office.
Tragically, the legacy of personal stress that Gary suffered in his dealings with the ATO was a contributing factor to his decision to take his own life on 14 November 2018.
We have posted a tribute to Mr Kurzer on the Memorial Wall.
Settlement Deed
The ATO offered to settle and provided Mr Kurzer a Deed of Release – it appears Mr Kurzer did not accept the offer.
https://www.crikey.com.au/wp-content/uploads/2013/01/Crikey2atodeed.pdf