Special Commissioners: Dr N A Brice and John Walters

Decision released: 19 May 2005

Income Tax – Appellant was a self-employed sales associate with Allied Dunbar and on retirement sold his practice to a subsidiary company of Allied Dunbar - whether renewal commissions received after the discontinuance of the trade arose from the carrying on of the trade before the discontinuance – yes - whether on the transfer of the trade there was a permanent discontinuance of the trade by reason of a change in the person carrying on the trade – yes – appeal allowed - ICTA 1988 Ss 103, 106, 110 and 113

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