000 01433cab a2200289 4500
001 ABS46848
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u59717
041 _aeng
245 _aLewis (Inspector of Taxes) v Rook
260 _c1992
350 _a0
490 _aWeekly Law Reports
_v1992 1 WLR 662-671(10)
520 _aCA 19 February 1992. An appeal by the Crown against a decision that taxpayer Lady Rook (R) was entitled to exemption from capital gains tax on the grounds that a gardener`s cottage in the grounds of her home fell within the curtilage of her main dwelling house. CA accepted the Crown`s argument that although a separate building could form part of a taxpayer`s dwelling house for the purposes of Capital Gains Tax Act 1979 s101(1)(a), it would only do so if within the curtilage of and appurtenant to the main house. In this case, as the curtilage was 175 metres away from the main house, the private residence exemption did not apply to the gain accrued to the taxpayer on disposal. Appeal allowed.
650 _aAPPURTENANCE
650 _aCAPITAL GAINS TAX ACT 1979
650 _aCAPITAL GAINS TAX
650 _aCURTILAGE
650 _aEXEMPTION
650 _aGARDENERS COTTAGE
650 _aMAIN RESIDENCE
650 _aPRIVATE RESIDENCE EXEMPTION
650 _aRESIDENTIAL PROPERTY
_96266
690 _aTAXATION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c36687
_d36687