“…HMRC submitted that this characterisation was impugned by an inappropriate reliance at [81]-[85] on an analogy with IRC v. Brebner [1967] 2 AC 18 (Brebner). It is true that the FTT said at [81] that Brebner supported the view that the scheme or arrangements should be considered as a whole. It is notable,…”
“…he company’s subjective purposes that mattered. Authority for that can be found in the decision of the House of Lords in Inland Revenue Commissioners v Brebner [1967] 2 AC 18, which concerned a comparable issue, viz. whether transactions had as “their main object, or one of their main objects, to enable tax advantages to be obtained…”