Kealy v O'Mara, Limerick, Ltd

JurisdictionIreland
Judgment Date01 January 1943
Date01 January 1943
CourtHigh Court
(H.C.),
Kealy
and
O'Mara, Limerick
Ltd

- Trade profits - Deduction -Costs of promoting new company - Holding company formed to benefit shareholders in existing companies - Costs of promotion borne by existing companies - Whether an allowable deduction from profits - Whether "wholly and exclusively laid out . . . for the purposes of the trade" - Whether income or capital expenditure - Income Tax Act, 1918 (8 9 Geo. 5, c. 40), Sch. D., Rules applicable to Cases I and II, r. 3 (a).

The respondent company arranged with two other companies in the same trade for the promotion of a now holding company, all the shareholders in the three existing companies exchanging...

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6 cases
  • Property Loan and Investment Company v Revenue Commissioners
    • Ireland
    • High Court
    • 13 December 1946
  • Casey v Royal Cinemas (Limerick) Ltd
    • Ireland
    • High Court
    • 31 July 1965
    ...I.R. 145; McGarry v. Limerick Gas Committee,IR[1932] I.R. 125; Moore & Co. v. Hare, 1915 S.C. 91; Kealy v. O'Mara Limerick Ltd.IR, [1942] I.R. 616; Golder v. Great Boulder Proprietary Gold MinesUNK, [1952] 1 All E.R. 360, discussed. (1960. No. 32.) Casey v. Royal Cinemas (Limerick) Ltd. Bet......
  • Sanbra Fyffe Ltd v O'Sullivan
    • Ireland
    • High Court
    • 28 February 1972
    ...38 TC 391, [1959] 3 AER 356, 1 WLR 875. Jeffrey v Rolls-Royce Ltd 40 TC 443, [1960] 2 AER 640. Kealy v O’Mara (Limerick) Ltd 2 ITC 256, [1942] IR 616. Musker v English Electric Co Ltd 41 TC 556, (Ch D) 106 SJ 511. Rustproof Metal Window CoLtd v CIR 29 TC 243, 177 LT 657. Case stated 1. This......
  • Chevalier v The Board of Inland Revenue
    • Trinidad & Tobago
    • Court of Appeal (Trinidad and Tobago)
    • 27 July 1986
    ...Comp. [1936] 2 All E.R. 1679; C.I.R. v. Church Commissioners for England (1971–77) 50 Tax Cases 516; Kealy v. O'Mara Limerick Ltd. (1942) Irish Reports 616; Russel v. C.I.R. (1944) 26 T.C. 242; C.I.R, v. Brown (1968–72) 47 T.C. 217; Foulds v. Clayton (1945–53) 34 T.C. 382; Royal Choral Soci......
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