Re Commissioners of Inland Revenue v Piacentini Dayman (receiver); Re Criminal Justice Act 1988 and Taxes Management Act 1970
| Jurisdiction | England & Wales |
| Court | Queen's Bench Division |
| Judgment Date | 05 February 2003 |
| Date | 05 February 2003 |
QUEEN'S BENCH DIVISION
Before Mr Justice Lightman.
Proceeds of Crime Receiver who takes possession not accessible for capital gains tax or income tax - Criminal Justice Act 1988 Section 77 - Taxes Management Act 1970 Section 75 and 77 - Proceeds of Crime Act 2002 Section 448 and Schedule 10
A receiver appointed under section 77 of the Criminal Justice Act 1988 to take possession of and manage the property and affairs of an individual who had been charged with tax fraud was not assessable for capital gains tax or income tax, nor was such tax payable as an expense of the receivership.
Mr Justice Lightman, sitting in the Queen's Bench Division, so held making a declaration in favour of Sara Elizabeth Dayman, the receiver, on her application to the court for guidance as to whether or not she was personally assessable to capital gains tax or income tax in respect of realisations made during the course of the receivership of Peter Piacentini, the defendant, and whether such tax was payable as an expense of the receivership.
The Inland Revenue Commissioners had instigated the receivership in September 1995 by apply for a restraint order against the defendant. The receiver had been appointed under that restraint order.
Mr Simon Johnson for...
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Ednotes
...from Latin America , 21 J. INT’L DEV. 327, 335 (2009) and Douglas Jehl, As Cities Move to Privatize Water, Atlanta Steps Back , N.Y. Times, Feb. 10, 2003, http:// www.nytimes.com/2003/02/10/us/as-cities-move-to-privatize-water-atlanta-steps-back.html). 12 Arnold, supra note 3, at 799-800 (“......
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Association of American Law Schools Conference: Transcript of the Section on Natural Resources in Atlanta, Georgia, January 5, 2004
...Major Upgrade, Atlanta J. Const., Aug. 23, 1998, at D6; Douglas Jehl, As Cities Move to Privatize Water, Atlanta Steps Back, N.Y. Times, Feb. 10, 2003, at A14 (reporting on the failure of Atlanta's water privatization plans). Finally, the settlement of third-party suits complicated the proc......