IRC v McGuckian [1997] BTC 346
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-07 18:24:38 UTC
Lord Steyn
The new development was not based on a linguistic analysis of the meaning of particular words in a statute.
It was founded on a broad purposive interpretation, giving effect to the intention of Parliament… And in asserting the power to examine the substance of a composite transaction the HL was simply rejecting formalism in fiscal matters and choosing a more realistic legal analysis.
Highly questionable. The intention of Parliament is expressed in the statute…
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