Special Commissioner: Dr J F A Jones

Judgement date: 2 June 2005

Milk Quota– purchased and retained to avoid superlevy – whether capital expenditure – yes

HEADNOTE

A special commissioner dismissed an appeal by the taxpayers trading in partnership against the refusal of an error or mistake claim made on the basis that the partnership accounts had been drawn up showing the cost of milk quota as capital expenditure whereas it should have been revenue expenditure. The commissioner concluded that the cost of the milk quota was clearly capital expenditure.

Facts

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