n Mason v Innes, the taxpayer had been a novelist for mar vears, and his works had published on a regular basis at round two-year intervals. On 4 April 1960, he gave his fat is rights (worth £15,425) in a novel released the following October and based on information obtained during a journe o the Persian Gulf in 1953. His earnings were calculated o cash basis for income tax reasons, and he was entitled to doduot modo in the nreduetion ofthe nouol ino inoludine

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NB: Please note to write a one page summary of the case in the attached document. 

Case Summary
In Mason v Innes, the taxpayer had been a novelist for many
years, and his works had published on a regular basis at
around two-year intervals. On 4 April 1960, he gave his father
his rights (worth £15,425) in a novel released the following
October and based on information obtained during a journey
to the Persian Gulf in 1953. His earnings were calculated on a
cash basis for income tax reasons, and he was entitled to
deduct costs made in the production of the novel, including
the cost of his trip to the Persian Gulf.
For 1960-61, the taxpayer was assessed income tax on the
premise that the market value of the rights issued as indicated
should be brought in as a receipt of his profession. While the
taxpayer's authoring of the novel and disposal of the rights
therein happened in the course of his profession, the Special
Commissioners ruled that those rights were not stock-in-trade,
and so the Sharkey v Wernher ruling did not apply.
Significance
Mason v Innes [1967] establishes that if a person works in a
profession, he or she must:
• while doing that occupation, produces literary, artistic, or
other work; and
Disposes of the rights to the work in any way other than
in the course of the profession, by gift or for a sum less
than market value, before or after it is completed.
The difference between the market value and the disposal
price, or the market value of the present, cannot be deemed a
receipt of the profession. The Sharkey v Wernher decision
from 1955, which dealt with trading stock disposed of other
than via trade, and the sections that gave that judgement
legislative power, are inapplicable.
However, any such disposition should be evaluated for
potential Capital Gains Tax implications.
In any scenario where the implementation of the Mason v
Innes judgement is in dispute, a report should be made to
Business Profits, particularly if:
• The rights in the literary, etc. work are promptly sold by
the receiver for a lump sum payment (rather than being
used as a source of revenue, as in Mason v Innes); or
• evasion is suspected; or
• It is argued that there is no Capital Gains Tax duty; or
Any attempt is made to apply the ruling in Mason v Innes
to the situation of a trader.
Transcribed Image Text:Case Summary In Mason v Innes, the taxpayer had been a novelist for many years, and his works had published on a regular basis at around two-year intervals. On 4 April 1960, he gave his father his rights (worth £15,425) in a novel released the following October and based on information obtained during a journey to the Persian Gulf in 1953. His earnings were calculated on a cash basis for income tax reasons, and he was entitled to deduct costs made in the production of the novel, including the cost of his trip to the Persian Gulf. For 1960-61, the taxpayer was assessed income tax on the premise that the market value of the rights issued as indicated should be brought in as a receipt of his profession. While the taxpayer's authoring of the novel and disposal of the rights therein happened in the course of his profession, the Special Commissioners ruled that those rights were not stock-in-trade, and so the Sharkey v Wernher ruling did not apply. Significance Mason v Innes [1967] establishes that if a person works in a profession, he or she must: • while doing that occupation, produces literary, artistic, or other work; and Disposes of the rights to the work in any way other than in the course of the profession, by gift or for a sum less than market value, before or after it is completed. The difference between the market value and the disposal price, or the market value of the present, cannot be deemed a receipt of the profession. The Sharkey v Wernher decision from 1955, which dealt with trading stock disposed of other than via trade, and the sections that gave that judgement legislative power, are inapplicable. However, any such disposition should be evaluated for potential Capital Gains Tax implications. In any scenario where the implementation of the Mason v Innes judgement is in dispute, a report should be made to Business Profits, particularly if: • The rights in the literary, etc. work are promptly sold by the receiver for a lump sum payment (rather than being used as a source of revenue, as in Mason v Innes); or • evasion is suspected; or • It is argued that there is no Capital Gains Tax duty; or Any attempt is made to apply the ruling in Mason v Innes to the situation of a trader.
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