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Sisters lose European tax battle | |
(40 minutes later) | |
Two elderly sisters have lost their final battle to avoid paying a massive inheritance tax bill. | |
Joyce and Sybil Burden, aged 90 and 82 respectively, have lived together in Wiltshire all their lives. | |
The sisters appealed to the European Court to enjoy the same tax rights as married and gay couples, which do not apply to cohabiting siblings. | |
In a 15-2 vote, Human Rights judges in Strasbourg ruled they do not face unfair discrimination. | |
But the Grand Chamber of the court upheld an earlier human rights ruling that national governments were entitled to some discretion when deciding taxation arrangements. | |
Legal challenge ends | |
The decision, a major blow to the sisters, means when one of them dies the other will have to sell their four-bedroom property in Marlborough to pay the 40% inheritance tax on its value above £300,000. | |
Since 1976, the sisters have written to the Chancellor of the Exchequer the day before every Budget, pleading for recognition under the tax rules as a cohabiting couple. | |
When the UK Civil Partnership Act of 2004 first recognised gay and lesbian couples for inheritance tax purposes, the sisters turned to the European Court of Human Rights. | |
They argued that the Act violated Human Rights Convention articles outlawing discrimination and guaranteeing the "protection of property". | |
In 2006, the Burdens lost the case by a 4-3 majority, although three members of the court described their inheritance tax plight as "awful" and "particularly striking". | |
But the appeal hearing on Tuesday, before a larger panel, produced a more decisive 15-2 majority against the sisters. | |
The ruling marks the end of the road for the sisters' legal bid. | |
After losing the first human rights case in 2006, Joyce Burden commented: "If we were lesbians we would have all the rights in the world. But we are sisters, and it seems we have no rights at all." |