A contract for the disposal of land was signed by the appellant and her husband, and stated to be in the capacity of beneficial owners. The appellant's tax return for 2005/06 indicated that she was entitled to 25% of the disposal proceeds for the land.
HM Revenue and Customs (HMRC) considered that the appellant was beneficially entitled to a 50% interest in the land at the time of disposal. However, it was argued for the appellant before the First-tier Tribunal (FTT) that on the evidence the land was beneficially owned by her husband, such that no capital gains tax should have been assessed on the appellant.
The appellant and her husband had been business partners since before 1988. The land in question had been purchased for the business. The appellant was diagnosed with a serious illness in or about 1995, and by 1998 she wanted nothing more to do with the business. Business profits were then allocated to her husband. By
