In AJ Clarke v HMRC (TC01461 – 20 October) a married couple had lived together with their two daughters on a farm.
The wife began an affair and in July 2002 the husband (C) purchased a nearby house and moved into it with his elder daughter.
He obtained planning permission to build a second house on part of the land.
In March 2003 he sold the house for financial reasons but retained the land for which he had obtained planning permission and built a new house on the site.
He moved into the new house in July 2003 (having stayed at his mother’s house for the intervening four months).
In July 2005 he moved back to the farm with his wife and in October 2005 he sold the house which he had built in 2003.
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