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TMI Blog1956 (11) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... g renewed, which happens to be a sum of ? 150, as shown in the previous case; and those three sums added up together come to ? 275. Even then the commissioners did not find the whole of the facts necessary to appreciate the case. the parties have agreed certain facts which, therefore, may be treated as part of the case. The company apparently went into occupation on May 17, 1952, and the lease was signed a month later, on June 10. 1952. By the time that the company went into occupation it appears that the electric wiring work had just been finished, but that the builders did not actually finish their work until about a month later, June 26, 1952. The contention on behalf of the Inspector of Taxes, is, of course, that this was wholly in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e company concerned was an existing company or one that had been newly formed, but it may well have been from the indications of the case a company which had been in the shipping business before. At any rate, that company purchased a ship for the sum of ? 97,000 when the ship was due for a survey, and in fact over due for a survey. Consequently, when the ship, after it was purchased, was put into survey there was a large sum for repairs necessary to comply with the rules and requirements of the case, which included a large amount of accumulated repairs during the period in which it belonged to the vendors and was used by them in their trading operations. Out of the sum of ? 51,000 odd, ? 12,000 was allowed as expenditure on repairs during t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, relating, not this time to premiums, but to payment of monopoly value in respect of licensed premises, certain statements by Lord Greene M.R. which assist me very much in coming to my conclusion in this case. That case was Henriksen v., Grafton Hotel Ltd. [1942] 2 K.B. 184; 58 T.L.R. 271; [1942] 1 All E.R. 678; [1943] 11 I.T.R. (Suppl.) 10, in which a series of licenses were granted by the licensing authority on successive occasions for periods of three years, and a lump sum for the monopoly value was fixed in respect of each period of three years. On the other hand, the payments of the lump sums were allowed by the licensing authority to be spread over the three years in each case, and it was claimed that those sum were deductible as e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se can be secured by two different legal transactions, one of which may attract tax and the other not. This is no justification for saying that a taxpayer who has adopted the method which attracts tax is to be treated as though he had chosen the method which does not or vice verse." In some of the cases to which I have referred the tenants were induced to adopt a form of transaction which involved them in having to stand the burden of what they might have got as deductions if they had been payable as rent. The fact that they might have done it another way and got an equivalent sum payable by them in the form of rent did not get them out of their difficulties. Indeed, the same applies in the present case. The landlords might, of course ..... X X X X Extracts X X X X X X X X Extracts X X X X
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