Court : UK Supreme Court
..... of his evidence about the accruals basis. this part of his written evidence is in section 6 (my understanding of the legislative assumptions), section 7 (the exercise posed by section 84 finance act 1996) and section 8 (conclusions). in section 6 he considers section 84 at some length and concludes that the expression "fairly represent" is, from an ..... the context of the first set of provisions with which this appeal is concerned, sections 730a and 737a of icta 1988. those new sections were inserted into part xvii, chapter ii by section 80(1) of the finance act 1995 and section 122 of the finance act 1994 respectively, to apply (in each case) to transactions entered into on or ..... varying (within two years of his death) the will of a testator who died domiciled and ordinarily resident overseas. section 24(11) of the finance act 1965 provided that in such a case the earlier provisions of the section should apply "as if the variations made by the deed . . . were effected by the deceased " .....
Tag this Judgment!Court : UK Supreme Court
..... limitation period applicable to one of those grounds of action. in my opinion, lord walker's analysis of the compatibility of section 320 of the finance act 2004 and section 107 of the finance act 2007 with the principle of effectiveness, and of the compatibility of the latter provision with the principle of the protection of legitimate ..... clear limits beyond which tax accounts may not be reopened. 150. in the present appeals it has not been argued that section 320 of the finance act 2004 or section 107 of the finance act 2007 are inconsistent with the principle of equivalence. i do not find that surprising. the two enactments with which we ..... range of domestic remedies to be made available for the recovery of unduly paid tax, despite parliamentary intervention (in the form of section 320 of the finance act 2004 and section 107 of the finance act 2007) to curtail those remedies drastically and with retroactive effect. those two provisions ("the statutory cut-off provisions") are challenged as .....
Tag this Judgment!Court : UK Supreme Court
..... his reasoning compelling and agree with him (and indeed lord hope, lady hale and lord neuberger) that the revenue's cross appeal on the true construction of section 83(2) of the finance act 1989 as amended should be allowed. like lord walker, lady hale and lord neuberger, i prefer to express no view on the issue of the true ..... tax under schedule d case i, but the basis of that assessment was altered (and the likelihood of its actually being adopted by the revenue was reduced) by section 16 of the finance act 1923 ("fa 1923"), which gave effect to a recommendation in the report, published in 1920, of the royal commission on income tax (cmd 615). profits allocated to ..... of the company's form 40 must be taken as falling within the scope of either section 83(2) or section 83(3) of the finance act 1989, as substituted by paragraph 16 of schedule 8 to the finance act 1995 and paragraph 4 of schedule 31 to the finance act 1996. if it falls within the scope either of these two subsections, the sum .....
Tag this Judgment!Court : US Supreme Court
..... disposition or a devolution) from one person (called the predecessor) to another person (called the successor). property chargeable with this tax is called a succession." by the finance act of 1894, the probate duty was superseded by what was termed the estate duty. this, like the probate page 178 u. s. 49 duty, was a tax distinct ..... , but was charged upon and collected out of the particular interests subjected to the tax. the nature of the succession duty is shown by the second section of the act defining the same, which is thus condensed by hanson at page 40 of his treatise: "succession duty is a tax placed on the gratuitous acquisition of ..... great inconvenience or produce inequality and injustice, that view is not to be favored if another and more reasonable interpretation is present in the statute. the provision in section 8 of article i of the constitution that "all duties, imports and excises shall be uniform throughout the united states" refers purely to a geographical uniformity, and .....
Tag this Judgment!Court : UK Supreme Court
..... to the hypothetical open-market vendor, and could not benefit the hypothetical open-market purchaser, on the notional sale on the deceased's death posited by section 7(5) of the finance act 1894. 40. mr sherry argued that mr gibson's special rights must be taken into account and treated as enuring for the benefit of the hypothetical ..... up to 150% in priority to the b shares; on the deceased's death they became 6% non-participating preference shares. this device was blocked by section 46 of the finance act 1940, but until then it avoided estate duty because the a shares had little value on the deceased's death. the estate duty office accepted that the ..... it from a willing vendor by private treaty and at arm's length." the definition in section 272 can be traced back to section 44 of the finance act 1965 and from there to the estate duty valuation provisions in section 7(5) of the finance act 1894. both sides referred to many of the leading cases on the estate duty definition, including .....
Tag this Judgment!Court : US Supreme Court
..... of the statute, and rendered judgment accordingly, 36 f. 303, and the single question presented for our determination is whether it erred in that conclusion. the first section describes the act forbidden, and is in these words: " be it enacted by the senate and house of representatives of the united states of america in congress assembled, that from ..... perform labor or service of any kind in the united states, its territories, or the district of columbia." it must be conceded that the act of the corporation is within the letter of this section, for the relation of rector to his church is one of service, and implies labor on the one side with compensation on the other ..... be seen that words as general as those used in the first section of this act were by that decision limited, and the intent of congress with respect to the act was gathered partially at least, from its title. now the title of this act is "an act to prohibit the importation and migration of foreigners and aliens under contract .....
Tag this Judgment!Court : UK Supreme Court
..... scheme, and for no other purpose." here lord goff emphasised that the ramsay principle is indeed a principle of construction. he focused on the text of section 41(1) of the finance act 1971 (in terms not materially different from those of caa 2001), and answered the "ultimate question . . . whether the relevant statutory provisions, construed purposively ..... a whole; and to decide, first, what is the true nature and effect of the transaction and, second, whether, on a true construction of section 41(1) of the finance act 1971, vp is entitled to an allowance in respect of the whole of the cost of the film, viz $14m. when i embark upon this ..... the taxpayer, especially if they are granted at the rate of 100% of the whole expenditure. 100% fyas were available under section 45 (ict expenditure incurred by small enterprises). that section (as amended by the finance act 2003) provided as follows: "(1) expenditure is first-year qualifying expenditure if (a) it is incurred on or before 31 march .....
Tag this Judgment!Court : UK Supreme Court
..... liability would arise. this overlooked the effect of section 2(4) of tcga as amended (the relevant amendment, for those interested in the fine detail, was that made by schedule 21, para 2 of the finance act 1998, and not the further amendment made by schedule 2, para 24 of the finance act 2008, which applied only from 5 april 2008). ..... from a decision that is, judged objectively, beyond the trustees' powers and detrimental to the trust (though professional advice may lead to their obtaining relief under section 61 of the trustee act 1925). an example mentioned in argument is dunn v flood (1885) 28 ch d 586, in which trustees had sold by auction 73 plots of ..... with the consent of any beneficiary with a prior interest (typically a parent with a prior life interest). such powers were so much common form that section 32 of the trustee act 1925 provided a default power, which could be excluded or (as often happened) extended by the trust instrument. the power was typically exercisable by a .....
Tag this Judgment!Court : US Supreme Court
..... the fact that the post office department long abstained from making such deductions under rev.stats. 3962 where delays were less than 24 hours does not amount to construing that section as inapplicable to shorter delays. p. 252 u. s. 150 . and, in any event, the right to such a construction could not be claimed by a ..... , when the contracts were made, long departmental construction had limited the failure to perform service, described in the act, to twenty-four hours of delay in the arrival of trains, and that failure, from 1872, when the section was enacted, to 1907, to impose fines or deductions for shorter delays, amounted to a construction by the department ..... to contract, and impose fines upon them for other delinquencies," rev.stats. 4002, authorizing contracts for the conveyance of the mails "with due frequency and speed," and the act of june 26, 1906, c. 3546, 34 stat. 467, 472, commanding the postmaster general to require all railroads carrying mail to comply with the terms of their .....
Tag this Judgment!Court : US Supreme Court
..... citizen of the united states that section 1 of the act is being violated, to institute a civil suit in the name of the united states in the proper united states district or circuit court against the ..... of the united states, without claim, color of title or asserted right, as above specified as to enclosure, is likewise declared unlawful and hereby prohibited." by section 2 of said act, it is made the duty of the district attorney of the united states for the proper district, when complaint is made to him by affidavit by any ..... foregoing language, delivered the opinion of the court. this case involves the construction and application of the act of congress of february 25, 1885, entitled "an act to prevent unlawful occupancy of the public lands." 23 stat. 321. the first section of the act reads as follows: "that all enclosures of any public lands in any state or territory of .....
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