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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.  














Inheritance Tax - From: 2003 To: 2003

This page lists 7 cases, and was prepared on 08 August 2015.

 
Inland Revenue Commissioners -v- George and another Times, 18 March 2003; Gazette, 01 May 2003; [2003] STC 468
27 Feb 2003
ChD
Laddie J
Inheritance Tax
The company ran a residential homes park. The users owned the caravans, but the taxpayer owned the land. They claimed exemption on a transfer of shares under section 104(1). Held: The company was an investment company with section 105, and so could not claim the benefit of the section 104 exemption. It produced a profitable return on the exploitation of proprietorial rights. That in turn required a finding that the business constituted holding an investment, and services were ancillary to that.
Inheritance Tax Act 1984 105 104
1 Cites

1 Citers


 
Prosser -v- The Commissioners of Inland Revenue [2003] UKSC SPC00362; [2003] STC (SCD) 311
12 Mar 2003
SCIT

Inheritance Tax, Human Rights
INHERITANCE TAX – interest on outstanding tax – whether not due on account of Human Rights points – interest due.
Inheritance Tax Act 1984 233(1)(b)
1 Cites

1 Citers

[ Bailii ]
 
The Commissioners of Inland Revenue -v- Rysaffe Trustee Company (CI) Limited [2003] EWCA Civ 356; Times, 29 April 2003; Gazette, 05 June 2003
20 Mar 2003
CA
Lord Justice Mummery Lord Justice Dyson Lord Justice Schiemann
Inheritance Tax, Company
The taxpayers had repeatedly settled shares in the taxpayer company in foreign trusts. The Commissioners sought to use the special legislative regime, imposing a periodic charge to Inheritance Tax on discretionary trusts. Held: Inheritance Tax should be calculated on the basis that each brother made five separate settlements; s 43 of the 1984 Act does not entitle the CIR to treat five settlements as if they were one settlement.
Inheritance Tax Act 1984 43
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Curnock -v- Inland Revenue [2003] UKSC SPC00365
15 May 2003
SCIT

Inheritance Tax
SCIT INHERITANCE TAX - cheque issued and paid in before death but cleared after death - whether a completed gift - no
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Commissioners of Inland Revenue -v- Eversden Eversden (As Executors of the Will of Greenstock Deceased) [2003] EWCA Civ 668; Times, 30 May 2003; Gazette, 10 July 2003
15 May 2003
CA
Lord Justice Brooke Mr Justice Nelson Lord Justice Carnwath
Inheritance Tax
The executors challenged the assessment to Inheritance tax on the estate. The commissioners claimed that a gift of property into a trust included a sufficient reservation of benefit to disallow it as an exempt transfer. Held: The scheme was effective. The trust provided for the income to be paid to the settlor's husband during his life, but after his death on discretionary trusts to a class of beneficiaries including the settlor for 80 years. The transfer into the trust was an exempt transfer, and although his interest was limited, it was treated as entitled to the whole under s49. The draughtsman did not equate a disposal by gift with a transfer of value, and the court could not do it for him.
Inheritance Tax Act 1984 18 49(1) 102 - Finance Act 1986 100
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McDowall -v- Inland Revenue [2003] UKSC SPC00382
26 Jun 2003
SCIT

Inheritance Tax, Agency, Scotland
Gifts had been made from an estate, purportedly under a power of attorney. During his lifetime, the deceased had made various gifts to his children. As he begand to suffer Alzheimers, he gave a power of attorney. He had substantial assets, well beyond his requirements. His attorney having considered the situation, began to make gifts to the children. After the death, the revenue contended that the gifts were of no effect. Held: A power of attorney falls to be strictly construed. The gifts were outside the powers of the attorney, and could be set aside. They were therefore ineffective to save tax.
Prescription and Limitation (Scotland) Act 1973 - Inheritance Tax Act 1984
1 Cites

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George and Loochin ( Executors of Stedman, Deceased) -v- The Commissioners of Inland Revenue [2004] WTLR 75; [2004] STC 147; [2003] STI 2276; [2004] BTC 8003; [2003] EWCA Civ 1763; Times, 09 December 2003; Gazette, 22 January 2004
5 Dec 2003
CA
Lady Justice Hale Lord Justice Carnwath
Inheritance Tax
The taxpayers appealed against a decision allowing an appeal by the respondents, that shares in a company which owned land from which it ran a residential caravan park, were shares in a business consisting wholly or mainly of making investments, and that accordingly the transfer did not attract exemption. Held: The finding of the Commissioners was in essence a finding of fact and unappealable. The divisional court should not have reversed the finding, and the the commissioners' decision was re-instated. The business incoprorated both service and investment elements.
Inheritance Tax Act 1984 105(3)
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