£ 3,551,912
£85,219,69146.Over and above these figures, in the broadest of terms, there are bank and investments of approximately £123 million, the majority of which is held in trust, although the Husband does have funds worth just over £10 million in his own name. Finally, there are business assets of £27 million. There is, of course, the potential tax outlined above that the Husband asserts I should deduct from these figures. There seven main quantification disputes that I will have to resolve. They are, broadly, as follows:-(a)The appropriate deduction for tax liabilities in relation to the enquiry by the tax authority in country X;(b)The Husband’s assertion that I should deduct income tax payable on the basis that all the assets are removed from the Trusts by way of dividend for use by the Husband;(c)The treatment of the interest on the DEF Inc loan notes;(d)The future costs of the Children Act proceedings;(e)The treatment of the loan to Child A to purchase a home;(f)The inclusion by the Wife in her schedule of the value of the Trust for the children;(g)Two relatively small loans made by JR’s estate and a trust belonging to KR to the IR Holding Trust.
- MR JUSTICE MOOR:-
- The relevant history
- The breakdown of the marriage
- The respective Forms E
- The evidence before me
- The position of the PE company
- Section 25 statements
- The valuation of DEF Inc and the other business
- Statement of Issues
- Open proposals
- The Tax enquiry
- The respective Position Statements
- Duxbury
- The Assets Schedule
- £ 3,551,912
- The law I have to apply
- White v White
- K v L
- Miller/McFarlane
- Hart v Hart
- Miller
- Jones v Jones
- Martin
- Hart
- my emphasis)
- Juffali v Juffali
- The evidence I heard
- My assessment of the assets
- The appropriate deduction for tax liabilities in relation to the enquiry by the tax authority of Country X
- Two relatively small loans made by JR’s estate and a trust belonging to KR to the IR Holding Trust
- The resulting overall figure
- The Pre-Nuptial Agreement
- Radmacher v Granatino
- The DEF Inc Side Deed
- My conclusions as to non-matrimonial property
- XW v XH
- Wells v Wells
- The structure of the award
- £ 120,479
- Calderbank
