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.
Income Tax - From: 1995 To: 1995
This page lists 23 cases, and was prepared on 08 August 2015.
Inland Revenue Commissioners -v- Willoughby and Another Gazette, 08 March 1995; Ind Summary, 13 February 1995; Times, 06 January 1995
6 Jan 1995
CA
Income Tax
Anti-avoidance provisions do not catch a transfer of assets which were located abroad and which made at a time when the taxpayer was a non UK resident.
Income and Corporation Taxes Act 1988 739-741
1 Cites
1 Citers
Stolle -v- High Wycombe General Commissioners Times, 19 January 1995
19 Jan 1995
ChD
Income Tax
The imposition of the maximum penalty for failing to supply particulars was correct.
Nichols -v- Gibson (Inspector of Taxes) Gazette, 25 January 1995; Ind Summary, 06 February 1995; Times, 12 December 1994
25 Jan 1995
ChD
Income Tax
Income in the form of a termination payment, was taxable in the UK despite the fact that no duties had been performed in that tax year in the UK, and the payee had become a foreign resident.
1 Citers
Deeny and Others -v- Gooda Walker Ltd and Others Ind Summary, 27 February 1995; Times, 26 January 1995
26 Jan 1995
QBD
Income Tax, Damages
Damages awards received by Lloyds' names for their managing agents' negligence was taxable as trading income, since they were revenue receipts.
Nuclear Electric Plc -v- Bradley (Inspector of Taxes) Times, 28 February 1995
28 Feb 1995
ChD
Income Tax
Income which was received from the investment of funds set aside for possible claims or otherwise, was to be to be set off against trading losses.
Income and Corporation Taxes Act 1988 393-8
Nuclear Electric Plc -v- Bradley (Inspector of Taxes) Ind Summary, 10 April 1995
10 Apr 1995
ChD
Income Tax
Interest on funds set aside for future costs was trading income-liabilities current.
1 Citers
Griffin (Inspector of Taxes) -v- Standish Times, 25 April 1995
25 Apr 1995
ChD
Income Tax
A bonus earned in one year but payable later is taxable in year earned.
Earlspring Properties Ltd -v- Guest (Inspector of Taxes) Ind Summary, 01 May 1995; Times, 17 March 1995
1 May 1995
CA
Income Tax, Corporation Tax
A close company has an additional obligation to notify the Revenue that a loan was chargeable to tax, and in default, it was liable for interest.
1 Cites
1 Citers
Wain -v- Cameron (Inspector of Taxes) Ind Summary, 30 May 1995; Gazette, 24 May 1995; Times, 02 May 1995
2 May 1995
ChD
Income Tax, Income Tax, Income Tax
Profits made by receipt of a lump sum from the sale of notes and documents, created in a professional writing career but without the copyright, were taxable under Schedule D in the year of the sale.
Wain -v- Cameron (Inspector of Taxes) Ind Summary, 30 May 1995; Gazette, 24 May 1995; Times, 02 May 1995
2 May 1995
ChD
Income Tax, Income Tax, Income Tax
Profits made by receipt of a lump sum from the sale of notes and documents, created in a professional writing career but without the copyright, were taxable under Schedule D in the year of the sale.
Wain -v- Cameron (Inspector of Taxes) Ind Summary, 30 May 1995; Gazette, 24 May 1995; Times, 02 May 1995
2 May 1995
ChD
Income Tax, Income Tax, Income Tax
Profits made by receipt of a lump sum from the sale of notes and documents, created in a professional writing career but without the copyright, were taxable under Schedule D in the year of the sale.
Koenigsberger -v- Mellor (Inspector of Taxes) Ind Summary, 15 May 1995
15 May 1995
CA
Income Tax
External Lloyds name does not get retirement annuity relief on underwriting profit.
Income and Corporation Taxes Act 1988 619-1
1 Cites
1 Citers
Griffins (Inspector of Taxes) -v- Standish Ind Summary, 22 May 1995
22 May 1995
ChD
Income Tax
Bonus taxable in year earned, not when actually paid - no power of choice.
Gray (Inspector of Taxes) -v- Seymours Garden Centre (Horticulture) Times, 31 May 1995; Gazette, 31 August 1995; Ind Summary, 19 June 1995; (1995) 67 TC 401
31 May 1995
CA
Nourse, Kennedy and Beldam LJJ
Income Tax
A 'Planteria' for the growing and storage of plants pending sale was premises, or a building, and not plant; no allowance was available. In considering the appeal, "the question for this Court, as it was for the Judge, is whether the facts found by the Commissioners are such that no person acting judicially and properly instructed as to the relevant law could have come to the decision to which the Commissioners came or, if you prefer it in the other form, whether their decision is contradicted by the true and only reasonable conclusion from the facts found." As to the decision of whether an item constituted plant: "The essential question here is whether the structure which is the taxpayer's planteria can reasonably be called apparatus with which their trade is carried on as opposed to premises in which it is carried on, it being established that a large structure used for the purposes of the trade may be capable of falling into the former category.
Capital Allowances Act 1990 22
1 Cites
1 Citers
Regina -v- Special Commissioners Ex Parte Inspector of Taxes Ind Summary, 24 July 1995
24 Jul 1995
QBD
Income Tax
Evidence of Scots law was admitted as a question of fact not law - appealable.
Inland Revenue Commissioners -v- Reed International Plc; Etc Times, 08 August 1995
8 Aug 1995
CA
Income Tax
Amendments to employee share option schemes were due Inland revenue approval.
Income and Corporation Taxes Act 1988 135, 185
Inland Revenue Commissioners -v- Quigley Ind Summary, 04 September 1995
4 Sep 1995
IHCS
Income Tax
Insurance payments for private use of Company car cannot be deducted from tax.
Income and Corporation Taxes Act 1988 157 1
Melluish (Inspector of Taxes) -v- BMI (No 3) Ltd and Related Appeals Gazette, 08 November 1995; Times, 16 October 1995; Ind Summary, 06 November 1995; [1996] AC 454
16 Oct 1995
HL
Lord Browne-Wilkinson
Corporation Tax, Income Tax, Land
Chattels which became affixed to a lessee's land became fixtures, and were not available for tax allowances calculations. Lord Browne-Wilkinson said: "The terms expressly or implicitly agreed between the fixer of the chattel and the owner of the land cannot affect the determination of the question whether, in law, the chattel has become a fixture and therefore in law belongs to the owner of the soil . . The terms of such agreement will regulate the contractual rights to sever the chattel from the land as between the parties to that contract and, where an equitable right is conferred by the contract, as against certain third parties. But such agreement cannot prevent the chattel, once fixed, becoming in law part of the land and as such owned by the owner of the land so long as it remains fixed." and "the intention of the parties as to ownership of the chattel fixed to the land is only material so far as such intention can be presumed from the degree and object of the annexation."
Capital Allowances Act 1990 24(1) 53(1)
1 Cites
1 Citers
Deeny -v- Gooda Walker Ltd Gazette, 08 November 1995; Times, 19 October 1995; Independent, 18 October 1995
18 Oct 1995
CA
Income Tax
Damages which had been recovered in the Lloyd's litigation for negligent underwriting were subject to income tax as trading income.
Income and Corporation Taxes Act 1988 Sch D
Nuclear Electric Plc -v- Bradley (Inspector of Taxes) Times, 27 October 1995
27 Oct 1995
CA
Income Tax
Investment was not part of the trading activity of an electricity supplier - no set off.
Commissioner for Inland Revenue -v- Mitsubishi Motors New Zealand Ltd Gazette, 01 November 1995; [1996] AC 315
1 Nov 1995
PC
Lord Hoffmann
Income Tax, Commonwealth
(New Zealand) The taxpayer company sold cars to its dealers who resold them with warranties, for which it gave the dealers indemnities calculated on statistical average. The company sought to set off the reserve it created to make payments under the indemnities against the revenue of the year in which the cars were sold. The commissioner appealed its case to the Board. Held: The reserve was claimable in the year of the car sale, even though the losses remained contingent. On the year of the sale the company acquired an accrued legal obligation, and had properly deducted the liabilities incurred against its profits.
Inland revenue Act 1976 (New Zealand) 104
Miners -v- Atkinson (Inspector of Taxes); ChD 28-Nov-1995 - Gazette, 24 January 1996; Times, 28 November 1995
Macarthur (Inspector of Taxes) -v- Greycoat Estates Mayfair Ltd Ind Summary, 18 December 1995
18 Dec 1995
ChD
Income Tax
Interest payments capitalized for stated period deductible as charge on income.
Income and Corporation Taxes Act 1988 338
