House of Lords.

Lord Slynn of Hadley, Lord Nolan, Lord Nicholls of Birkenhead, Lord Hoffmann and Lord Clyde.

Judgment delivered 6 April 2000.

Corporation tax – Surplus advance corporation tax – Claims to carry back surplus – Company ceased to trade – Dividend paid while company had no source of income – Whether company had an accounting period when dividend paid – Income and Corporation Taxes Act 1988, s. 12, 239(3), 832(1) (s. 239 was repealed by Finance Act 1998, s. 31 and Sch. 3, para. 12(1) with effect in relation to accounting periods beginning on or after 6 April 1999).

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