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Tax case - Foxton

11 September 2005
Categories: Tax cases
Foxton (SpC 485)

Milky business

The appellant a tenant farmer of the Duchy of Lancaster sold three parcels of milk quota. Each sale agreement described the milk quota as ancillary to the grant of short sub-tenancies. The appellant entered into a deed of variation of his tenancy agreement with the Duchy under which he was responsible for negotiating the sale of quota to third parties the Duchy agreed to the transfer and the Duchy paid the appellant £80 810 in respect of the sales of milk quota.
HMRC assessed the appellant to capital gains tax on the payment from the Duchy. The appellant appealed claiming that:

  • milk quota was allocated to the Duchy's land rather than to him as the relevant producer and he sold the quota as agent for the Duchy;
  • milk quota fell within the definition of land...

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