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. ([1987] 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.

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