Two charitable trusts appealed against decisions disallowing their claim to allowance for relief against income tax of certain incomes.
Held: To be valid, a trust must be one which the Court can control and execute. In this case, the discretion given to the trutees was absolute, and nor was the class of beneficiaries ascertainable.
Singleton, Jenkins, Hodson LJJ
[1954] EWCA Civ 4, [1955] Ch 20, (1954) 33 ATC 305, [1954] 3 All ER 120, [1954] TR 295, [1954] 3 WLR 438
Bailii
Income Tax Act 1918 37(1)(b)
England and Wales
Citing:
Cited – Morice v Bishop of Durham HL 1805
The court was asked whether a gift of residue to be applied ‘to such objects of benevolence and liberality as the Bishop of Durham in his own discretion shall most approve of’ was valid as being confined to purposes that were charitable.
Held: . .
Cited – In re Gestetner ChD 1953
The court considered a discretionary distribution power given to trustees.
Held: Harman J said that the trustees were bound ‘to consider at all times during which the trust is to continue whether or no to distribute any and if so what part of . .
Lists of cited by and citing cases may be incomplete.
Income Tax, Charity
Updated: 16 November 2021; Ref: scu.262848