HMRC v Atkinson & anr [2011] UTUK B26 (TCC)
Wills & Trusts Law Reports | March 2012 #117Mr Atkinson (D) bought his farm in 1957. The farmhouse was occupied by his son and daughter-in-law, and he lived in a separate bungalow on the farm. In 1996, after his son died, D entered into partnership with his daughter-in-law and grandson and the farm was leased to the partnership. There was no separate arrangement for the bungalow. The farming records were kept there and partnership meetings were often held there. In 2002, D fell ill and eventually moved into a care home. His things remained in the bungalow, which he visited from time to time, but he did not live there again. Howeve...
McCall & anr v HMRCC [2009] NICA 12
Wills & Trusts Law Reports | December 2011 #115The appellants were the personal representatives of Mrs Eileen McClean (the deceased), who died on 8 January 1999. The appellants claimed that 33 acres of agricultural land in the deceased’s estate, which at the date of the deceased’s death was valued at £5.8m, owing to it having been zoned for development use, was business property for inheritance tax (IHT) purposes. The respondent, HMRC, determined that no part of the value of the agricultural land transferred on death was attributable to the value of any relevant business property.
The land comprised a number of fields in grass...
Glowacki (deceased) v HMRCC [2007] UKSPC 00631
Wills & Trusts Law Reports | December 2011 #115By her will dated 8 February 2001, Gwendoline Enid Glowacki (Mrs Glowacki) gave her entire estate to her husband, Tadeusz Marian Glowacki (Mr Glowacki), subject to the payment of £25,000 to her sister Mrs McElney. Mrs Glowacki died on 21 March 2004 and Mr Glowacki died on 21 June 2004. Under his will, in the event that occurred, Mr Glowacki gave 6 Moore Walk, Myton Grange, Warwick (the property) to Mrs McElney and divided his net residuary estate equally between Mrs McElney as to one half and Mrs Wells, Mrs Minash and Mr Johnson (the nieces and nephew of Mrs Glowacki) as to the other hal...
Barclays v HMRC [2011] EWCA Civ 810
Wills & Trusts Law Reports | November 2011 #114The trustees (the bank) appealed from the decision of Vos J to dismiss an appeal against a determination by HMRC. HMRC had decided that the residuary estates of Constance and William Poppleston were to be treated as if they were part of the estate of Edwin Poppleston (the son of Constance and William) because s89 of the Inheritance Tax Act 1984 (the Act) required Edwin to be treated as if he had an interest in possession in each of them. If Edwin was not to be treated as if he had such interests in possession then HMRC was liable to repay the bank £158,963 with interest.
Edwin wa...