226 / 328
which basis a solicitor or any professional man is to
be assessed and can, in fact, change the basis of
assessment for good cause. This case is reported
in the February 1962 issue of the GAZETTE at page 74.
In this case the court expressed the view that the
costs earned basis is preferable to any of the others
as being more accurate.
It seems clear that neither the costs furnished nor
the costs received basis gives a clear picture of what
is really earned
in
the period for which any
assessment is made.
The earnings basis has the
advantage of avoiding the fluctuations which occur
in the other two and it appears that quite a number
of solicitors have adopted this basis and in so doing
have been relieved of liability to sur-tax which
might otherwise arise from time to time.
CERTIFICATE OF DISCHARGE FROM
DEATH DUTIES
It is possible that some members may be experi
encing difficulties when acting on behalf of executors
or administrators in an estate which is liable to death
duties and in which the assets include leasehold
property.
In such cases, where an application is
made for a certificate of discharge from death
duties, the certificate is given on form 149 which
contains a proviso that if the property is sold within
six years the Revenue are entitled to raise again the
question of the valuation thereof. This will arise
where the property has been referred to the Valuation
Office (as it always is) and the Valuation Office have
" raised no question " as to the valuation instead of
officially determining the value. In such a case the
solicitor acting for the executor or administrator has
to withhold a certain sum of money, usually out of
the residue, to provide for the excess duty which
may have to be paid and in many cases the executor
will be under pressure from the residuary legatees if
this money has to be held for a period of six years.
It is, of course, necessary to retain some of the
assets to cover this contingency where the above-
mentioned certificate is issued especially where the
executor is not himself a beneficiary of the estate.
In case some members are unaware of the fact, it
should be pointed out that there is a section in the
Finance Act, 1894, which will enable the executor
or administrator to apply to the Estate Duty Office
to determine the rate of estate duty to be paid in
respect of the property and to issue a certificate to
that effect. Members are referred to section n (2)
of the Finance Act, 1894, and to section 14 of the
Finance Act, 1907. The Society was in correspon
dence with the Estate Duty Office about this matter
in the past (see GAZETTE for August 1944, page 21,
April 1948, page 61 and August 1948, page 23) and
at that time the Estate Duty Office stated that whereas
they were advised as a general rule they could not
be compelled to determine officially the rate of duty
under the sections above referred to they would be
prepared to receive any such applications and it is
understood that they are granted in most cases.
INTERNATIONAL BAR ASSOCIATION
TENTH CONFERENCE MEXICO CITY
JULY 27th—31st, 1964
The Society has received a communication from
the International Bar Association seeking informa
tion as to the number of members from this Society
who would be likely to visit Mexico City in 1964 in
connection with the loth conference of the I.B.A.
Efforts are being made to organise a charter flight
to Mexico City, probably from London Airport.
The organisers
require
information from each
member body for the purpose of making
the
necessary arrangements for charter flights.
On
present information it looks as though the cost per
person on a charter flight would be about £140
return from London Airport to Mexico City as
against the normal return fare of about £260 and
a group flight (25 persons or more) return flight of
about £205. This information is naturally on the
basis of the current rates for flights to Mexico City.
Any members of the Society who are interested in
these arrangements are requested to communicate
with the Secretary from whom further information
can be obtained.
INTERNATIONAL FACULTY OF
COMPARATIVE LAW
The Faculty of Comparative Law which is part
of the International University of Comparative
Sciences at Luxembourg provides intensive courses
in the organisation and law of the European com
munities and courses
in comparative law and
institutions during its two sessions per year, one of
five weeks in the Spring and another of six weeks in
the Summer. The Summer course this year will be
held at Luxembourg from I5th July to 7th Sep
tember. The courses are open to law graduates or
persons holding
legal professional qualifications.
They are organised in such a way that English
speaking participants are able to follow the complete
course.
Scholarships for the courses are awarded
to suitable applicants.
The latest date of application for the Summer
session is the ijth June and application forms may
be obtained from the Secretariat, 13 rue du Rost,
Luxembourg.