MARC details
| 000 -LEADER |
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| fixed length control field |
02572cad a22003735a 4500 |
| 001 - CONTROL NUMBER |
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| control field |
L146364 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
090112e20081215xxk f v 000 0 eng d |
| 035 ## - SYSTEM CONTROL NUMBER |
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| System control number |
(Sirsi) u146364 |
| 041 0# - LANGUAGE CODE |
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| Language code of text/sound track or separate title |
eng |
| 245 00 - TITLE STATEMENT |
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| Title |
Underwood v Revenue & Customs Commissioners (appeal) |
| Medium |
[electronic resource] |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. |
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| Date of publication, distribution, etc. |
2008 |
| 520 ## - SUMMARY, ETC. |
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| Summary, etc. |
[2008] EWCA Civ 1423, 15 December 2008. The court found that there had been no disposal of a property for the purposes of capital gains tax where the purchase price in an uncompleted sale contract had been netted off against the price under a repurchase contract and the netting off was the sole purpose of the contracts. Appellant taxpayer (U) appealed against a decision that there had been no disposal for capital gains tax purposes in a purchase/repurchase contract. U sold a property to company (R) and signed a contract whereby he could purchase it back with the addition of ten percent of any rise in value over the intervening period. Before the contract was completed U sold to (B) (a company which he controlled). U completed the contract, but tried to treat the difference in prices as a disposal for capital gains tax purposes. Held: appeal dismissed. The evidence provided showed that the completion of the sale to R never occurred and that the purchase price was netted off between the different contracts. The only way that it would have classed as a disposal would have been if the beneficial interest in the property had been transferred to R, which never happened. The reasoning of the original Commission had been correct. |
| 521 ## - TARGET AUDIENCE NOTE |
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| Target audience note |
Advanced |
| 590 ## - LOCAL NOTE (RLIN) |
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| Local note |
KA |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
ENSIGN TANKERS LEASING LTD V STOKES |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
JEROME V KELLY (HMIT) |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
KIRBY V THORN EMI PLC |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
TAXATION OF CHARGEABLE GAINS ACT 1992 S28(1) |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
UNDERWOOD V REVENUE & CUSTOMS COMMISSIONERS (APPEAL) |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
BERRY V WARNETT |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
COREN V KEIGHLEY |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
EARL OF EGMONT V SMITH |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
ENGLEWOOD PROPERTIES LTD V PATEL AND ANOTHER |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
MCCAUSLAND V DUNCAN LAWRIE LTD |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
O'BRIEN V BENSON'S HOSIERY (HOLDINGS) LTD |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
SHAW V FOSTER |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
SPECTROS INTERNATIONAL PLC V MADDEN |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2(1) |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
MACNIVEN V WESTMORELAND INVESTMENTS |
| 651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME |
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| Geographic name |
England and Wales |
| Chronological subdivision |
1543- |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) |
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| Topical term or geographic name as entry element |
PROPERTY AND LAND LAW-RESIDENTIAL |
| 856 40 - ELECTRONIC LOCATION AND ACCESS |
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| Uniform Resource Identifier |
<a href="https://www.bailii.org/ew/cases/EWCA/Civ/2008/1423.html">https://www.bailii.org/ew/cases/EWCA/Civ/2008/1423.html</a> |
| Public note |
View the item free of charge online at www.bailii.org... |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
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| Suppress in OPAC |
0 |
