Where, as part of a scheme for tax avoidance, a sum in excess of the commercial price is paid, there is a presumption that the excess was not expended for the purposes of the trade (see the judgement of Lord Reid on page 82F and that of Lord Wilberforce on page 93 of Ransom v Higgs and Kilmorie (Aldridge) Ltd v Dickinson, 50TC1 - see BIM38400).
