The Law Reports (Appeal Cases)
[1968] AC 483
[HOUSE OF LORDS]
BATES APPELLANT AND INLAND REVENUE COMMISSIONERS RESPONDENTS
[ON APPEAL FROM INLAND REVENUE COMMISSIONERS v. BATES]
1966 Oct. 11,
12,
13,
17;
Dec. 8
Dec. 8
LORD REID, LORD MORRIS OF BORTH-Y-GEST, LORD GUEST, LORD UPJOHN and LORD WILBERFORCE.
Revenue— Surtax— Settlement— Trust fund— Shares in trading company— Payments by company to settlor of capital sums— Whether company a “body corporate … connected with a settlement”— Reasonable part of company's income distributed in relevant years— Whether company within statutory definition— Statutory scheme for treating as part of income of settlor capital sums paid by company to extent of “income available”— Carry-forward scheme— Whether taxpayer liable to surtax on relevant parts of 484capital sums—
Income Tax Act, 1952 (15 & 16 Geo. 6 & 1 Eliz. 2, c. 10), ss. 245, 408, 411 (4) (a) (b).