Fane v Revenue & Customs [2011] UKFTT 210 (TC) (25 March 2011)
The appellant failed to exercise reasonable care in completing the tax return, making an innocent but careless error. The penalty was correctly imposed at the minimum rate for a prompted disclosure. HMRC's decision not to suspend the penalty was not flawed, as the error was a one-off event and no practical suspension condition could be set.
- Citation
- [2011] UKFTT 210
- Parties
- Appellant: Anthony Fane; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
- Jurisdiction
- United Kingdom
- Judgment Date
- 25 March 2011
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Income Tax, Penalty Assessment, Careless Inaccuracy, Suspension of Penalty
Case Brief
Summary, issues, holding and outcome
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Parties
Anthony Fane
Appellant
The Commissioners for Her Majesty’s Revenue and Customs
Respondents
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether the error on the income tax return was careless
- 2 Whether the penalty should be suspended under paragraph 14 Schedule 24 Finance Act 2007
- 3 Whether HMRC's decision not to suspend penalty was flawed
Ratio Decidendi
The appellant failed to exercise reasonable care in completing the tax return, making an innocent but careless error. The penalty was correctly imposed at the minimum rate for a prompted disclosure. HMRC's decision not to suspend the penalty was not flawed, as the error was a one-off event and no practical suspension condition could be set.
Court Disposition
Appeal dismissed
Orders
- Penalty imposed for 2008-2009 tax year affirmed
- Appeal against refusal to suspend penalty dismissed
Full Case Text
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