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D Howell v HMRC

In D Howell v HMRC (TC01048 – 11 April) three people entered into a deed of partnership in 1996. One of the partners died in 2003.

Following her death a dispute arose between the other two partners (H and W). H claimed that he had not received some of the money which he was entitled to under the partnership deed and took legal proceedings against W. The dispute was settled in 2006 by a Tomlin order under which W agreed to pay H £55 000 in full and final settlement.

In 2009 a HMRC officer formed the opinion that £35 000 of this represented shares of partnership profits which should have been charged to income tax and issued discovery assessments for 1996/97 to 2003/04 inclusive. H appealed contending that the £55 000 was a capital receipt and that...

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