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In this case, a separate corporate entity was brought into existence outside the taxable territory with the ulterior motive of evading the tax obligation by the assessee mills.
The Supreme Court observed: "It is true that from the juristic point of view, the company is a legal personality entirely distinct from its members and the company is capable of enjoying rights and being subjected to duties which are not the same as those enjoyed or borne by its members.
The ‘corporate veil’ surrounds the company of Murphy & Co Ltd and prevents outsiders challenging the operation of the company.
However, although the principle of separation is central to company law, there are a number of situations when the company and its members can be identified together and treated as the same.
Mr Salomon owned 20,000 £1 shares, and his wife and five children owned one share each.
Some years later the company went into liquidation, and Mr Salomon claimed to be entitled to be paid first as a secured debenture holder.
Only the company, and not Macaura, could insure its property against loss or damage.
The plaintiff, who was the major shareholder and managing director of the company, sought to conduct the company’s defence.
The court held that while a human person can represent him or herself in court, a legal person such as a company can only be represented by a solicitor or barrister.
The principle in Salomon’s Case that a company is a legally different person from those who control it represents the current law in Ireland.
For example, if I form a company called ‘Murphy & Co Ltd’ in which I own one hundred per cent of the shares and am a director and employee, legally speaking the company and myself are two distinct people.