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The taxpayer was the administrator and only beneficiary of an approved pension scheme.
In 1998 1999 and 2000 he made three withdrawals from the fund but did not declare them in his relevant tax returns.
HMRC withdrew approval for the scheme and assessed the taxpayer as scheme administrator to tax on the withdrawals under TA 1988 s 596A.
The Special Commissioner dismissed the taxpayer’s appeals on the basis that the decision in Saunders v Vautier (QB 1841) permitted beneficiaries to wind up the trust only where they were entitled to the whole of the beneficial interest. This was not inevitably the case in this instance.
Sir Edward Evans in the High Court said that as there was a possibility that the taxpayer could remarry and that therefore others could be entitled to an interest in the scheme the taxpayer had not been...
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