Welcome to Ernst & Young On the Case

In this section we take a look at a selection of recently decided tax cases. The first case is an Irish High Court case which concerns a firm of solicitors holding funds in a fiduciary capacity. The subject matter of the other cases range from the correct tax treatment of depreciation in closing stock to the issue of whether a company was carrying on a ‘single trade’.

David Fennell
Director Tax Knowledge Services
CASE
ISSUE BEING CONSIDERED
P.O Cahill (Inspector of Taxes) v Patrick J. O’Driscoll Michael O’Driscoll and William F. O’Driscoll

[2005] IEHC 179

Whether interest earned on sums which belonged to a firm of solicitor’s clients, was income of the solicitors and taxed at the higher rate of income tax (52% was the rate in question at that time)? (No, on the basis that the solicitors were holding the monies in a fiduciary capacity)
| For further analysis click
here |
The Commissioners of Her Majesty’s Revenue and Customs v William Grant & Sons Distillers Limited

2005 CSIH63

Whether depreciation costs which had been reflected in closing stock should have been added back in the accounting period to which the depreciation related to, or carried forward until the stock had been sold? (The gross amount of depreciation should have been added back in the period for which the depreciation related)
| For further analysis click
here |

Electronics Limited v HM Inspector of Taxes

SpC 476

Whether an electronics company carried on a single trade or multiple trades as claimed for the purposes of claiming terminal loss relief? (A single trade – terminal loss relief was denied)
| For further analysis click
here |

Elsie Allen and Keith Hately as Executors of Winifred Johnson Deceased v Her Majesty’s Revenue and Customs

SpC 481

Whether an individual had abandoned their domicile of choice, i.e., Spain and subsequently their domicile of origin, i.e., the United Kingdom was revived? (The individual had not abandoned their domicile of choice – an intention to return to Spain had always been maintained)
| For further analysis click
here |

   
David Fennell
Director Tax Knowledge Services

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