Inner House of Court of Session.

Judgment delivered 1 July 1982.

Income tax – Profits – EEC Dairy Herd Conversion Scheme – Payments to farmers by Government in return for undertaking to change nature of trade – Whether payments represent capital or income receipts – Income and Corporation Taxes Act 1970, sec. 108(1)(a)(ii) (Sch. D, Case I).

  This was an appeal by the Crown from a finding of the General Commissioners that payments to the taxpayers as an instalment on the first premium under the EEC Dairy Herd Conversion Scheme was a capital payment which did not form part of the taxpayers’ income.

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