Donald Fisher (Ealing) Ltd. v Spencer (H.M. Inspector of Taxes).  BTC 112
Court of Appeal.
Kerr, Balcombe and Woolf L.JJ.
Judgment delivered 30 January 1989.
Corporation tax – Capital or trading receipt – Company’s rent increased as result of estate agent’s negligence – Sum received in settlement of claim against agent – Whether trading receipt.
This was an appeal by the taxpayer company from the decision of Walton J. ( BTC 328) dismissing the company’s appeal from the determination of a Special Commissioner that a sum paid to the company in settlement of a claim against an estate agent whose negligence had resulted in increased rent becoming payable by the company was an income receipt.