Case Law

This page shows a summary of relevant case law. To view the section of legislation to which the case law applies, click the link below:

Case Law

A nun transferred funds into a trust under which the income was to be used for charitable and religious purposes. In the event of the nun leaving the religious order she would take an absolute interest in the funds. It was held that the nun was the beneficial owner of the funds. Hughes v Smyth (Sister Mary Bernard) 1932 I ITR 411

The settlor was assessable on the trust income where the trust provided that the trustees were to advance the settlor funds on request. D’Ambrumenil v IRC 1940 TC 440