swarb.co.uk - law index
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Taxes Management - From: 1900 To: 1929
This page lists 8 cases, and was prepared on 02 April 2018.
Attorney-General for Ireland v Jameson [1905] 2 IR 218
1905
CA
Holmes, Fitzgibbon LJJ
Taxes Management, Ireland
The court was asked as to the valuation of shares. The shares were subject to restrictions on transfer. Held: The price which the shares would fetch if sold on the open market should reflect the terms on which the purchaser would be entitled to be registered.
Holmes LJ said: "The Attorney-General and the defendants agree in saying that in this case there cannot be an actual sale in open market. Therefore, argues the former, we must assume that there is no restriction of any kind on the disposition of the shares and estimate that (sic) would be given therefore by a purchaser who upon registration would have complete control over them. My objection to this mode of ascertaining the value is that the property bought in the imaginary sale would be a different property from that which Henry Jameson held at the time of his death. The defendants, on the other hand, contend that the only sale possible is a sale at which the highest price would be £100 per share, and that this ought to be estimated value. My objection is that this estimate is not based on a sale in open market as required by the Act. Being unable to accept either solution, I go back to my own, which is in strict accordance with the language of the section. I assume that there is such a sale of the shares as is contemplated by article 11, the effect of which would be to place the purchaser in the same position as that occupied by Henry Jameson."
Fitzgibbon LJ said: "The price was to be that which a purchaser would pay for the right "to stand in Henry Jameson's shoes," with good title to get into them and remain in them, and receive all the profits, subject to all the liabilities, of the position. The price was what the shares were worth to Henry Jameson."
Finance Act 1894
1 Citers
De Beers Consolidated Mines Ltd v Howe, Surveyor of Taxes; HL 1906 - [1906] AC 445
MacGregor v Clamp and Son [1914] 1 KB 288
1914
Insolvency, Taxes management
A distress for taxes was "really by way of execution".
1 Citers
King of the Hellenes v Brostrom (1923) 16 LlLRep 190
1923
Rowlatt J
International, Taxes Management
Rowlatt J said: "It is perfectly elementary that a foreign government cannot come here -- nor will the courts of other countries allow our government to go there -- and sue a person found in that jurisdiction for taxes levied and which he is declared to be liable to by the country to which he belongs."
1 Citers
Broken Hill Pty Co Ltd v Broken Hill Municipal Council [1926] AC 94; [1925] UKPC 96
10 Nov 1925
PC
Taxes Management, Estoppel, Commonwealth
A decision of the High Court of Australia on the construction of a section of a statute dealing with rating value did not estop the parties from relitigating the issue on a subsequent year's assessment.
1 Citers
[ Bailii ]
Hoysted v Federal Taxation Commissioner [1926] AC 155
1926
PC
Commonwealth, Taxes Management
An implied decision of the High Court on the true construction of a will estopped the parties from contending for a different construction relating to a later year's assessment.
1 Citers
Re Visser [1928] Ch 877
1928
ChD
Tomlin J
Taxes Management, International
English law generally does not permit either the direct or indirect enforcement of foreign revenue laws.
1 Citers
Inland Revenue Commissioners v Lysaght; HL 1928 - [1928] AC 234