Scott v HMRC [2015] UKFTT 0266 (TC)

WTLR Issue: October 2015 # 153

MALCOLM SCOTT

V

THE COMMISSIONERS FOR HER MAJESTY'S REVENUE & CUSTOMS

Analysis

This appeal related to an inheritance tax notice of determination dated 22 May 2013 in respect of the estate of Dr Olive Scott (Olive) who died on 4 March 2007. Olive was predeceased by her husband Professor James Scott (James). The appellant, Malcolm Scott (Malcolm), was her surviving son and co-executor. The other executor had been Olive’s son Alistair Scott (Alistair), who died on 7 November 2009. There had been a dispute between Alistair and Malcolm as to the correct inheritance tax position in relation to certain paintings, and this had led to their filing separate IHT400 accounts in respect of Olive’s estate.

Counsel details

Mr William East for the appellant.

Mr Stuart Douglas (HM Revenue and Customs Solicitor’s Office, South West Wing, Bush House, Strand, London WC2B 4RD) for the respondent.

Cases referenced

Cases in bold have further reading - click to view.

  • Hubbard v Dunlop's Trustee [1933] SN 62 (HL)
  • In Re Garnett [1885] 31 ChD 1
  • Re Cole [1963] 3 AER 433
  • Thomas v The Times Book Co [1996] I AER 241

Legislation referenced

Legislation in bold has further reading - click to view.