Judges: Lord Justice Morritt Citations: [1998] EWCA Civ 1025, [1999] 1 WLR 129, [1999] BCC 378, [1998] 2 BCLC 526, [1999] BPIR 53 Links: Bailii Statutes: Insolvency Act 1986 168 Jurisdiction: England and Wales Insolvency, Litigation Practice Updated: 19 November 2022; Ref: scu.144504
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
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UTTC Whether s. 102(1)(b) of the Finance Act 1986 (gift with reservation) applies to a gift of a reversionary underlease containing covenants from the donee mirroring covenants in the donor’s head lease. Application of Ingram v. IRC. Decision of the First-tier Tribunal upheld: such covenants do constitute a reservation within the section. Citations: [2012] UKUT … Continue reading Buzzoni and Others v HM Revenue and Customs – FTC/57-59/2011: UTTC 19 Oct 2012
The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers. Held: (Millett LJ dissenting) The conveyance to the solicitor left the solicitor holding the property as bare trustee for … Continue reading Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997
Lady Ingram had first conveyed properties to her solicitor who on the next day let the properties back to her, and on the day after conveyed the freehold of the properties to her family. Held: The leases in favour of Lady Ingram, having been granted by a nominee to his principal, were a nullity. However, … Continue reading Ingram and Another v Inland Revenue Commissioners: ChD 23 May 1995
To protect her estate from Inheritance Tax, the deceased gave land to her solicitor, but then took back a lease. The solicitor then conveyed the land on freehold on to members of her family. Held: The lease-back by the nominee was not void as a grant of a lease to herself. Lord Hoffmann said: ‘whether … Continue reading Ingram and Another v Commissioners of Inland Revenue: HL 10 Dec 1998
References: [2012] UKUT 360 (TCC) Links: Bailii UTTC Whether s. 102(1)(b) of the Finance Act 1986 (gift with reservation) applies to a gift of a reversionary underlease containing covenants from the donee mirroring covenants in the donor’s head lease. Application of Ingram v. IRC. Decision of the First-tier Tribunal upheld: such covenants do constitute a … Continue reading Mark Buzzoni and Others v HM Revenue and Customs – FTC/57-59/2011; UTTC 19 Oct 2012
The revenue appealed against refusal of its petition for the winding up of the company for non-payment of a VAT assessment. The company said that the assessment was disputed. The revenue said that the company had been run for the purpose of submitting false VAT Input tax claims, and suppressing Output tax invoices. Held: The … Continue reading Revenue and Customs v Rochdale Drinks Distributors Ltd: CA 13 Oct 2011
The court was asked: ‘ whether a reversionary long sub-lease of a valuable London residential property, granted on favourable terms by the taxpayer to her three sons in 1997, was ‘property subject to a reservation’ within the meaning of section 102 of the Finance Act 1986 (‘FA 1986’) when she died in 2008, as it … Continue reading Hood v HM Revenue and Customs: CA 30 Oct 2018
The executors challenged the assessment to Inheritance tax on the estate. The commissioners claimed that a gift of property into a trust included a sufficient reservation of benefit to disallow it as an exempt transfer. Held: The scheme was effective. The trust provided for the income to be paid to the settlor’s husband during his … Continue reading Commissioners of Inland Revenue v Eversden Eversden (As Executors of the Will of Greenstock Deceased): CA 15 May 2003
Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope for a further appeal to the House of Lords. It is not the … Continue reading Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
FTTTx INHERITANCE TAX – grant of future underlease – covenants reserved – whether donor excluded or virtually excluded – appeal dismissed Citations: [2011] UKFTT 267 (TC) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Buzzoni and Others v HM Revenue and Customs – FTC/57-59/2011 UTTC 19-Oct-2012 UTTC Whether s. 102(1)(b) of the … Continue reading Buzzoni and Others v Revenue and Customs: FTTTx 21 Apr 2011
Moses, Black, Gloster LJJJ [2013] EWCA Civ 1684 Bailii Finance Act 1986 England and Wales Citing: At FTTTx – Buzzoni and Others v Revenue and Customs FTTTx 21-Apr-2011 FTTTx INHERITANCE TAX – grant of future underlease – covenants reserved – whether donor excluded or virtually excluded – appeal dismissed . . Appeal from – Buzzoni … Continue reading Buzzoni and Others v Revenue and Customs, Re The Estate of Lia Kamhi (Deceased)): CA 19 Dec 2013
Sham requires common intent to create other result The court considered a claim by a hire-purchase company for the return of a vehicle. The bailee said the agreement was a sham. Held: The word ‘sham’ should only be used to describe an act or document where the parties have a common intention that the act … Continue reading Snook v London and West Riding Investments Ltd: CA 1967