Chancery Division.

[The appeal against this decision is reported at [1989] BTC 133.]

Judgment delivered 3 November 1987.

Income tax – Annual payments – Payments made after deduction of tax – Covenant – Taxpayer made covenant in favour of local authority in discharge of obligation to reimburse authority for school fees – Whether taxpayer entitled to deduct tax from payments under covenant enabling authority to recover tax deducted – Income and Corporation Taxes Act 1970, sec. 52.

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