B1.409 Method of saleTransactions in borderline cases of trading must be compared with the way traders in the relevant asset work. If the transaction is conforms in manner and style to such 'normal' trading transactions then a conclusion of trading is likely1.A key pointer to trading is the existence of a sales organisation. In Martin v Lowry2, a person who had never had any connection with the linen trade purchased the whole of the Government's surplus stock of aeroplane linen. The taxpayer then embarked upon an extensive advertising campaign, rented offices and engaged employees for the purpose of reselling
Transactions in borderline cases of trading must be compared with the way traders in the relevant asset work. If the transaction is conforms in manner and style to such 'normal' trading transactions then a conclusion of trading is likely1.
A key pointer to trading is the existence of a sales organisation. In Martin v Lowry2, a person who had never had any connection with the linen trade purchased the whole of the Government's surplus stock of aeroplane linen. The taxpayer then embarked upon an extensive advertising campaign, rented offices and engaged employees for the purpose of reselling
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