The Gazette 1961 - 64

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.