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Schedule D, Case III, Rule 1(a) and 2, Case VI, Rule 2 - Income-tax Act, 1918 Rules 19, 21 of General Rules Schedule D, Case III, Rule 1(a) and Case VI, Rule 2 - Income-tax Act, 1918 Sections 5(1), 19, 21, 22 & 22(2)(a) of the Coal Industry Nationalisation Act, 1946 Section 1 of the Coal Industry (No.2) Act, 1949 CASE REVIEW Decision of the Court of Appeal sub nom. Inland Revenue Commissioner v. Whitworth Park Coal Co.(In Liquidation) [1958] Ch. 792; [1958] 2 W.L.R. 815; [1958] 2 All E.R. 91 affirmed. CASES REFERRED TO Inland Revenue Commissioners v. Butterley Co. Ltd. [1957] AC 32 ; [1956] 2 WLR 1101 ; [1956] 2 All. ER 197 ; 36 TC 411, Lambe v. Inland Revenue Commissioners[1934] 1 KB 178 ; 18 TC 212 ; [1934] 2 ITR 494 ; Dewar v. Inland Revenue Commissioners [1935] 2 KB 351 ; 51 TLR 536 ; 19 TC 561, Grey v. Tiley [1932] 16 TC 414 and Inland Revenue Commissioners v. Whitworth Park Coal Co. ( In Liquidation) [1958] Ch. 792 ; [1958] 2 WLR 815 ; [1958] 2 All. ER 91. Viscount Simonds : My Lords, at the conclusion of the argument in this case I found myself in full agreement with my noble and learned friend Lord Reid. He thereafter wrote an opinion, to which, since I concurred in it at all points, I intended to add nothing. He has, however, been prevented by illness from taking his seat in your Lordships' House in the present Parliament and cannot speak in it. I have therefore, with his permission, adopted his opinion as my own and I will now state it. 2. My noble and learned friend Lord Tucker, who is also unable to be here today, has intimated to me that he takes the same view. 3. The first appellant, which I shall call "the company," owned and operated a colliery until January 1, 1947, when its colliery assets were vested in the National Coal Board under the Coal Industry Nationalisation Act, 1946. Thereafter it was an investment company to which the provisions of section 21 of the Finance Act, 1922, and section 14 of the Finance Act, 1939, had to be applied. Directions under these sections were given to the company with regard to the years 1948-49, 1949-50 and 1950-51 under which its "actual income" for those years fell to be apportioned among its members, so…

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