In M Benford v HMRC (TC01309 – 28 July) an individual (B) who was married and worked as a tiler in the construction industry purchased a dilapidated house in March 2005 for £124 000 and sold it in September 2005 for £175 000.
HMRC issued a CGT assessment and B appealed contending that he had used the house as his principal private residence while he had been temporarily separated from his wife.
The First-tier Tribunal reviewed the evidence rejected this contention and dismissed the appeal observing that B’s post had continued to be delivered to the matrimonial home and he had admitted that he had continued to have baths and showers there.
The electricity bills indicated that very little electricity had been consumed during the six months in which B owned the house.
B had told the...
