Acon

Offered the tax environment does not change in a given period, as between a business and its 100% owner the realisation of profits at an earlier point in time as opposed to a later stage must not make a difference to the owner's financial position. Hence take an easy example where one man owns company An and another owns company B and it is assumed that both companies have exactly the same inherent performance over three years. The remaining 51.5% of gains will have been distributed to the operator. Company B will pay 30% of its profits in tax, however the remaining 70% will be retained.

Messrs Makinson and Rossetto changed e-mails on 23 June 2003 about establishing a meeting with Mr Symond to "walk him thru sic the proposition". During that exchange Mr Rossetto re-iterated time pressures required, stating that "the new construction must be in place by 30 June 2003". In cross-examination Mr Seller stated that he didn't remember using these words but agreed that it was possible he said "something along these lines" and it was "consistent in his own perspective" with Mr Symond's tax place personally as at June 2003. I'm satisfied he said these words.

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