Ingram and another (Executors of the Estate of Lady Ingram, deceased) v Inland Revenue Commissioners
Ingram and another (Executors of the Estate of Lady Ingram, deceased) v Inland Revenue Commissioners
- 1997
- Simon`s Tax Cases [1997] STC 1234-1271(18) .
CA 28 July 1997. Involved a gift of the freehold of Lady Ingram`s house conditional on the grant of a lease-back so that L could settle her home on trust for her family while retaining a sufficient interest to allow her to occupy the property for the rest of her life. L died within two years of making the settlement and the IRC issued a notice determining inheritance tax was payable at the death rate. Executors appealed. "Held" nominee could not contract with his principal to create rights in relation to the subject of his nomineeship. The leases to Lady Ingram were a nullity.
FINANCE ACT 1986 S102
FREEHOLD INTEREST
INGRAM AND ANOTHER (EXECUTORS OF THE ESTATE OF LADY INGRAM, DECEASED)
INHERITANCE TAX
LEASE-BACK
LIFETIME TRANSFER
RESERVATION OF BENEFIT
CA 28 July 1997. Involved a gift of the freehold of Lady Ingram`s house conditional on the grant of a lease-back so that L could settle her home on trust for her family while retaining a sufficient interest to allow her to occupy the property for the rest of her life. L died within two years of making the settlement and the IRC issued a notice determining inheritance tax was payable at the death rate. Executors appealed. "Held" nominee could not contract with his principal to create rights in relation to the subject of his nomineeship. The leases to Lady Ingram were a nullity.
FINANCE ACT 1986 S102
FREEHOLD INTEREST
INGRAM AND ANOTHER (EXECUTORS OF THE ESTATE OF LADY INGRAM, DECEASED)
INHERITANCE TAX
LEASE-BACK
LIFETIME TRANSFER
RESERVATION OF BENEFIT