Jarmin v Rawlings

Ch D 1994, 67 TC 130; [1994] STC 1005

Another retirement relief case which should be relevant for Entrepreneurs’ relief purposes; a farmer owned 64 acres of land, with a milking parlour and yard and had a dairy herd of 34 animals. He sold the milk parlour and yard and during the next three months sold 14 of the animals. He transferred most of the remaining animals to a farm three miles away which belonged to his wife. He ceased dairy farming and used the remaining land for the rearing of store cattle. He retained and leased out the milk quota. The Inland Revenue issued an assessment on the disposal of the milk parlour and yard. The taxpayer appealed and claimed retirement relief.

The Chancery Division upheld the Special Commissioner’s earlier decision, holding that the Commissioners were entitled to find that the sale of the milking parlour and yard was a separate trade part of the business from the rearing of store cattle and that 'sale of the milking parlour and yard, coupled with a cessation at completion of all milking operations for the taxpayer’s benefit, amounted to a disposal by him of his dairy farming business'. The taxpayer’s appeal therefore succeeded and retirement relief was granted accordingly.