“…The leading modern cases on the application of the exclusively test are Mallalieu v Drummond (Inspector of Taxes) [1983] 2 AC 861 and MacKinlay (Inspector of Taxes) v Arthur Young McClelland Moores & Co [1990] 2 AC 239. From these cases the following propositions may be derived. (1) The w…”
“…y and exclusively for the purposes of the taxpayers’ trades. Moreover, this was one of those obvious cases recognised by Lord Brightman in Mallalieu v Drummond [1983] 2 AC 861 which speaks for itself, in the absence of any other purpose not related to the taxpayers’ trades.…”
“…The FTT had to find the primary facts and draw the inferences, having assessed the evidence in the round (see, generally, per Lord Brightman in Mallalieu v IRC [1983] 2 AC 861, 875). English law treats a person’s intention as as much a question of fact as the state of a person’s digestion. The FTT’s task was to consider whether Mrs S…”