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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Taxes - Other - From: 1900 To: 1929

This page lists 5 cases, and was prepared on 02 April 2018.

 
In re Cochrane [1905] 2 IR 626
1905

Palles CB
Ireland, Taxes - Other
(Ireland) "as in these questions of revenue, matters of mere conveyancing form are immaterial; as we are to view the substance only of the transaction, and as 'gift' in the context means 'beneficial gift,' so, too, in the actual case before us, should it be held that the reservation of the ultimate trust to Sir Henry Cochrane cannot, per se . . render the entire capital subject to duty."
1 Citers


 
Re Cochrane [1905] 2 IR 626
1905

Palles CB
Taxes - Other, Ireland
(High Court of Ireland) The court considered the effectivenmess of a gift with a reservation to the donor, distinguishing Earl Grey: "The limitation of this annuity, although prior to the gift, was, as well as being charged on the land, secured by the personal covenant of the grantee, and this covenant, according to The Attorney-General v Worrall [1895] 1 QB 99, made its subject-matter a reservation of the gift within the meaning of [the statute]; and therefore, even if Lord Halsbury's words, "The settlement itself has reserved £4,000 a year" mean, as they probably do, "reserved out of the gift" they are in no sense contrary to our present decision. The law made it a reservation out of the gift by reason of the personal covenant." Without a covenant to pay it the reservation of a rentcharge is not in itself a benefit reserved out of the property given but is merely property not given. The trust of surplus income and the ultimate contingent trust of corpus were expressly retained by the donor for himself on the face of the instrument, and never in any shape or form included in what he gave.
1 Cites

1 Citers


 
Re Cochrane [1906] 2 IR 200
1906
CA
Fitzgibbon LJ
Taxes - Other, Northern Ireland
(Court of Appeal of Ireland) The court considered the effectivenmess of a gift with a reservation to the donor. As to the Earl Grey case, if ever there was a case to which the statute applied it was The Attorney-General v Grey. The court referred to the various benefits which the donor had retained in that case, including the son’s covenant to pay the rentcharge, but did not mention the reservation of the rentcharge itself.
1 Cites

1 Citers


 
Attorney-General v Boden [1912] 1 KB 539
1912


Company, Taxes - Other
There was a partnership between a father and his two sons. The sons were obliged to devote their whole time to the practice, the father only so much time as he wished. On his death the sons were to pay out to his estate the value of the capital but not including any charge for goodwill. The revenue sought to bring in the father's share of the goodwill. Held: Allowing for the different obligations, the sons acquired their father's share in the goodwill as bona fide purchasers for value. Where it can be shown that the partnership agreement represented a true bargain, it was arguable that the only asset that passed for estate duty purposes was the right of the estate to receive the payment provided for in the agreement.
1 Citers



 
 Lang v Webb; 1912 - (1912) 13 CLR 503
 
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