Leach v Pogson

CH D 1962 40 TC 585

A taxpayer operated an owned a driving school. When the driving school was sold, the taxpayer purchased another driving school, turned around the business and sold the driving school. The taxpayer did this a number of times. It was held that the frequency of the purchase, turnaround and sale of driving school transactions were indicative of a trade. The decision also reversed the tax treatment of the sale of the first driving school, which was originally treated as a capital sale.