Agus v Revenue & Customs [2010] UKFTT 425 (TC) (09 September 2010)

Agus v Revenue & Customs [2010] UKFTT 425 (TC) (09 September 2010)

The Appellant was not acting on his own account as a concert promoter; WYLEL was the promoter of the concerts. The evidence provided by the Appellant was inconsistent, unsubstantiated, and contradicted by reliable third-party documentation. Therefore, the Appellant was not entitled to claim loss relief under section 380 ICTA 1988 for the losses in question.

Citation
[2010] UKFTT 425
Parties
Appellant: Mr L Agus; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
09 September 2010
Procedural Posture
Appeal Against Amendment to Self Assessment Return (income Tax) / First Tier Tribunal (tax) Decision
Outcome
Appeal dismissed
Legal Topics
Income Tax, Loss Relief, Corporation Tax, Self Assessment, Section 380 ICTA 1988, Section 386 ICTA 1988
Tax Law Income Tax Loss Relief Corporation Tax Self Assessment Section 380 ICTA 1988 Section 386 ICTA 1988

Case Brief

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Parties

Mr L Agus

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Appeal Against Amendment to Self Assessment Return (income Tax) / First Tier Tribunal (tax) Decision

Legal Issues

  1. 1 Whether the Appellant was entitled to claim loss relief under section 380 ICTA 1988 for losses arising from a failed concert promotion venture
  2. 2 Whether the Appellant was trading on his own account or whether the losses were those of West Yorkshire Live Events Limited (WYLEL)

Ratio Decidendi

The Appellant was not acting on his own account as a concert promoter; WYLEL was the promoter of the concerts. The evidence provided by the Appellant was inconsistent, unsubstantiated, and contradicted by reliable third-party documentation. Therefore, the Appellant was not entitled to claim loss relief under section 380 ICTA 1988 for the losses in question.

Court Disposition

Appeal dismissed

Orders

  • The Appellant was not entitled to claim loss relief under section 380 ICTA 1988 in the sum of ₤100,000.
  • The decision of HMRC amending the Appellant’s self assessment return stands.