swarb.co.uk - law index
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.
Capital Gains Tax - From: 1998 To: 1998
This page lists 7 cases, and was prepared on 20 May 2019.
Barrett (Inspector of Taxes) v Powell Gazette, 26 February 1998; Times, 11 February 1998
11 Feb 1998
ChD
Capital Gains Tax, Agriculture
Tenant farmer continuing business for two years after payment to land-owner on surrender of lease lost relief for business retirement.
Finance Act 1985 69
Charles Paul Goodwin v Michael Curtis (HM Inspector of Taxes) Times, 02 March 1998; Gazette, 25 March 1998; [1998] EWCA Civ 271; (1998) 70 TC 478
18 Feb 1998
CA
Capital Gains Tax
The occupation of a property as an 'own or main residence' is a question of fact and degree and ordinary usage. In this case, five weeks occupation by the taxpayer was insufficient to establish the exemption.
Capital Gains Tax Act 1979 101 102
1 Cites
1 Citers
[ Bailii ]
Schuldenfrei v Hilton (Inspector of Taxes) Times, 25 February 1998
25 Feb 1998
ChD
Capital Gains Tax, Taxes Management
A taxpayer's inactive acquiescence in an inspector's mistaken acceptance did not create an agreement which could restrain correction of the error.
Taxes Management Act 1970 54
1 Cites
1 Citers
Goodbrand (Inspector of Taxes) v Loffland Brothers North Sea Inc Times, 15 July 1998
15 Jul 1998
CA
Capital Gains Tax
Losses caused in variations in repayments in foreign currency caused by currency fluctuations were not allowable basis for varying assessments to capital gains tax.
Taxation of Chargeable Gains Act 1992 48
Quinn (Insepctor of Taxes) v Cooper Times, 20 July 1998
20 Jul 1998
ChD
Capital Gains Tax
Where there were losses on the sale of BES shares purchased before 1986, they were valued by applying indexation allowance to the value calculated as acquisition cost less allowable deductions.
Taxation of Chargeable Gains Act 1992 53
Taylor Clark International Limited v Lewis (Hm Inspector of Taxes) Times, 02 December 1998; [1998] EWCA Civ 1789
18 Nov 1998
CA
Capital Gains Tax
Security exchange losses on interest-bearing loan were not to be set off against capital gains as being a debt on a security even though secured. Being simply secured itself was insufficient to make a debt a debt on a security.
Capital Gains Tax Act 1979 134
1 Cites
[ Bailii ]
Erle Howard Garner (HM Inspector of Taxes) v Pounds Shipowners and Shipbreakers Ltd and Erle Howard Garner (Hm Inspector of Taxes) v Henry Richard Pounds (In Substitution for Henry Frederick Pounds) Times, 01 December 1998; [1998] EWCA Civ 1837
25 Nov 1998
CA
Capital Gains Tax
When calculating the chargeable gain on granting an option to purchase land, the costs of obtaining releases of restrictive covenants necessary to make the option worthwhile could not be deducted.
Capital Gains Tax Act 1979 19(1)(a)
[ Bailii ]