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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.  















Income Tax - From: 1998 To: 1998

This page lists 8 cases, and was prepared on 08 August 2015.

 
Hurley -v- Taylor (Inspector of Taxes) Times, 10 February 1998
10 Feb 1998
ChD

Income Tax
Capital assessments issued by Inland Revenue are sufficient evidence of debt until answer by taxpayer and doubts raised even though not accepted.
Taxes Management Act 1970 36

 
Major (Inspector of Taxes) -v- Brodie and Another Times, 18 March 1998
18 Mar 1998
ChD

Income Tax
Interest relief against tax was allowed to residents in England farming in partnership in Scotland on interest payments on loan.
Income and Corporation Taxes Act 1988 353(1) 362(1)(b)


 
 Girvan (Inspector of Taxes) -v- Orange Personal Communications Services Ltd; ChD 3-Apr-1998 - Gazette, 20 May 1998; Times, 22 April 1998; [1998] 70 TC 682; [1998] STC 567
 
Memec Plc -v- Inland Revenue Commissioners Times, 01 July 1998
1 Jul 1998
CA

Income Tax
Double taxation relief was not available where money earned by German Company on German trading was transferred to English company in silent partnership, since it was not a payment of dividends.
Income and Corporation Taxes Act 1988 Part XVIII

 
Paul Alexander Clark (Her Majesty's Inspector of Taxes) -v- The Trustees of The British Telecom Pension Scheme and Others Times, 16 October 1998; [1998] EWHC Ch 296
14 Oct 1998
ChD
Justice Lightman
Income Tax
The question was whether sub-underwriting commissions received by the Trustees are chargeable to tax under Case I of Schedule D and whether they are also liable to the additional rate of tax applicable to trusts. The investment managers appointed to manage the huge scheme assets were allowed to sub-underwrite their duties, and accounted for their commissions. The sub-underwriting was seen as a normal part of the investment management process, not itself as a means of making money. Was there a trade? It had all the hall marks of a trade. The intention of the party can be a relevant factor, but not overwhelming. In this case this was trading activity.
Income and Corporation Taxes Act 1988 Sch D Case 1
1 Cites

[ Bailii ]

 
 McNiven (Inspector of Taxes) -v- Westmoreland Investments Ltd; CA 26-Oct-1998 - Times, 26 October 1998; Gazette, 18 November 1998; [2001] 2 WLR 377; [1998] EWCA Civ 1608
 
Clark (Inspector of Taxes) -v- Trustees of the Bt Pension Scheme and Others Gazette, 11 November 1998
11 Nov 1998
ChD

Income Tax
Where pension fund trustees engaged in the sub-under-writing of share issues in return for commission payments they became engaged in a trade and made themselves liable to taxation on the profits as such a trader.
Income and Corporation Taxes Act 1988 Sch D Case 1
1 Citers


 
Hurley -v- Taylor (Inspector of Taxes) Times, 23 November 1998
23 Nov 1998
CA

Income Tax
Where a general commissioner 'was unable to accept' a taxpayers explanation of his income and expenditure, this implied acceptance of Tax Inspector's case, and that was sufficient to discharge the burden on the Tax Inspector to establish a loss of tax.
Taxes Management Act 1970 36

 
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