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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.  















Corporation Tax - From: 1960 To: 1969

This page lists 7 cases, and was prepared on 27 May 2018.

 
Briggs (Henry) Son and Co Ltd (In Voluntary Liquidation) v Inland Revenue [1960] UKHL TC_39_410
21 Dec 1960
HL

Corporation Tax
Profits Tax - Computation of profits - Dividends received from subsidiary company-Whether profits arising from trade or business carried on by principal company-Whether dividends franked investment income - Finance Act, 1937 (1 Edw. VIII & 1 Geo. VI, c. 54), Section 19 and Fourth Schedule, Paragraph 7.
Finance Act, 1937 19
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 Ostime (Inspector of Taxes) v Duple Motor Bodies Ltd; HL 28-Mar-1961 - [1961] UKHL 6; [1961] 1 WLR 739; [1961] 2 All ER 167; [1961] UKHL TC_39_537
 
Inland Revenue v J B Hodge and Co (Glasgow), Ltd (In Liquidation) [1961] UKHL TC_39_707
13 Jul 1961
HL

Corporation Tax
Profits Tax - Trade or business transferred - Election under Section 36 (4), Finance Act, 1947 - Transferor company wound up after selling shares in successor - Distributions exceed paid-up share capital - Whether distribution charge incurred - Finance Act, 1947 (10 & 11 Geo. VI, c.35), Section 30(3), 35 (1) (c), 36 (4) and 43 (1).
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Inland Revenue Commissioners v Binns [1964] UKHL TC_41_598
1964
HL

Corporation Tax
Profits Tax - Gross relevant distributions - Principal and subsidiary companies - Grouping notice followed by division of subsidiary's accounting period into two chargeable accounting periods by reference to date of entry into group - Dividend declared for second period - Whether apportionable over whole accounting period - Whether retrospective division valid - Finance Act, 1937 (1 Edw. V III & 1 Geo. V I, c. 54), Section 22 ; Finance Act, 1947 (10 & 11 Geo. V I, c. 35), Sections 35(1), 37 and 38.
Finance Act 1937
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London and Thames Haven Oil Wharves Ltd v Attwooll [1966] 43 TC 491
1966
CA
Diplock LJ
Corporation Tax
When asking whether a payment of damages was a capital or income receipt, the court should ask whether the sum which the trader ought to have received have been credited as an income receipt of the trade?
1 Citers


 
Inland Revenue Commissioners v Barclay Curle and Co Ltd [1969] 1 WLR 675
1969


Corporation Tax
Even a large structure used for the purposes of the trade may be capable of being plant. In this case a dry dock was used in trade of ship builders, ship repairers and marine engineers.
1 Citers


 
Inland Revenue Commissioners v Land Securities Investment Trust Ltd [1969] UKHL TC_45_495; 45 TC 495; [1969] TR 173; [1969] 2 All ER 430; [1969] 1 WLR 604
29 Apr 1969
HL

Corporation Tax
HL Profits tax - Deduction - Property company - 10-year rentcharges payable as consideration for lessor's interest in properties leased to company - Finance Act 1937 (1 Edw. 8 & l Geo. 6, c. 54), .v. 20(1) and Sch. 4, para. 4; Finance (No. 2) A ct 1940 (3 & 4 Geo. 6. c. 48), s. 14; Incom e T ax A ct 1952 (15 & 16 Geo. 6 c£ 1 Eliz. 2, c. 10), s. 177.
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