Jaggers (trading as Shide Trees) v Ellis (Inspector of Taxes)

JurisdictionEngland & Wales
Judgment Date11 November 1997
Date11 November 1997
CourtChancery Division

Chancery Division

Before Mr Justice Lightman

Jaggers (trading as Shide Trees)
and
Ellis (Inspector of Taxes)

Income tax - plantation of Christmas trees not a woodland - profits liable to tax

Xmas trees not a woodland

A plantation of Christmas trees was not a woodland and the profits from it were not excepted from the charge to income tax imposed by section 53 of the Income and Corporation Taxes Act 1988.

Mr Justice Lightman so held in a reserved judgment in the Chancery Division dismissing an appeal by the taxpayer, Mrs Deidre Jaggers, trading as Shide Trees, from the determination of a special commissioner (Mr T H K Everett) upholding assessments to income tax under Case I of Schedule D for years from 1990-91 to 1995-96.

Section 53 of the 1988 Act provides...

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