The High Court gave judgment on 31 July 2007, in favour of the taxpayer in Kinsella v. Revenue Commissioners [2007] IEHC 250, a case concerning a scheme to avoid capital gains tax on the sale of shares in an Irish company.
The scheme involved the transfer by an Irish domiciled, resident and ordinarily resident individual of the shares, funded by a loan secured on the shares, to his wife (the taxpayer in the case) shortly after she had leased an apartmen…