Chancery Division.

Judgment delivered 29 July 1982.

Income tax – Tax avoidance scheme – Assets transferred abroad – Sale of land by company to foreign purchaser – Resale at a profit – Foreign discretionary trust set up to secure capital rather than income gains – Taxpayers trust beneficiaries – Whether gains liable to income tax under Sch. D, Case VIIncome Tax Act 1952, sec. 412 – (See now Income and Corporation Taxes Act 1970, sec. 478).

  This was an appeal by the Crown from findings of the Special Commissioners discharging assessments and further assessments on the taxpayers to income tax under Sch. D, Case VI.

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