000 01316cab a2200241 4500
001 ABS46488
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u58517
041 _aeng
245 _aLewis v Walters
260 _c1992
350 _a0
490 _aTaxation
_v129 (3355) 28 May 1992, 215-216(2)
520 _aChD 15 January 1992. L, as executor, had sold the house belonging to the estate of his late parents, his mother having owned the freehold subject to a 99 year lease in his father`s favour. With 16 years left to run, the lease was assessed for capital gains tax as a `wasting asset`. L countered by claiming, on appeal to the General Commissioners, that the Leasehold Reform Act 1967 allowed him to extend the lease for a further 50 years and therefore would not be so classified. The Crown disagreed saying that an extension was not in the terms of the lease and if it were so, then it could only be defined as a new, not extended asset. Moreover, L had not in fact asked for an extension. The high court agreed and dismissed the appeal with costs.
650 _aCAPITAL GAINS TAX
650 _aLEASEHOLD REFORM ACT 1967 SCHED 3
650 _aLEASES
650 _aUNEXPIRED TERM
650 _aWASTING ASSETS
690 _aTAXATION
942 _n0
948 _c04/03/1997
999 _c35743
_d35743