Coombes v Revenue & Customs

Coombes v Revenue & Customs

The appellant was not a settlor in relation to the Sagittarius Settlement for the purposes of section 86 because the land disposed of by Rose Lodge was not at any stage held on the trust of the settlement and did not represent property ever held on those trusts; thus, the assessment was made on a false basis and must be discharged.

Parties
Claimant/respondent: Coombes; Defendant/appellant: Her Majesty’s Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
20 November 2007
Procedural Posture
Tax Appeal / Appeal From General Commissioners to High Court
Outcome
Appeal allowed; assessment discharged
Legal Topics
Capital Gains Tax, Settlor, Settled Property, Taxation of Chargeable Gains Act 1992, Section 86, Section 13
Tax Law Capital Gains Tax Settlor Settled Property Taxation of Chargeable Gains Act 1992 Section 86 Section 13

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Parties

Coombes

Claimant/respondent

Her Majesty’s Revenue & Customs

Defendant/appellant

Procedural Posture

Tax Appeal / Appeal From General Commissioners to High Court

Legal Issues

  1. 1 Whether the appellant was properly regarded as a settlor in relation to the Sagittarius Settlement under section 86 of the Taxation of Chargeable Gains Act 1992
  2. 2 Whether the gain on disposal of land by Rose Lodge should be attributed to the appellant under section 86

Ratio Decidendi

The appellant was not a settlor in relation to the Sagittarius Settlement for the purposes of section 86 because the land disposed of by Rose Lodge was not at any stage held on the trust of the settlement and did not represent property ever held on those trusts; thus, the assessment was made on a false basis and must be discharged.

Court Disposition

Appeal allowed; assessment discharged

Orders

  • The appeal is allowed
  • The assessment is discharged