Grogan v Revenue & Customs [2009] UKFTT 238 (TC) (14 September 2009)

Grogan v Revenue & Customs [2009] UKFTT 238 (TC) (14 September 2009)

The Tribunal held that since no notice under ICTA 1988 s.703(3) was served before 6 April 2007, the original notice was invalid and the notice under ITA 2007 s.698 took effect. The Appellant failed to prove that obtaining a tax advantage was not a main object of the transactions; the appeal was dismissed.

Citation
[2009] UKFTT 238
Parties
Appellant: Nigel P Grogan; Respondents: The Commissioners for Her Majesty’s Revenue and Customs
Jurisdiction
United Kingdom
Judgment Date
14 September 2009
Procedural Posture
Income Tax Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Income Tax, Transaction in Securities, Employee Share Ownership Trust (quest), Tax Advantage, Counteraction Notice
Tax Law Income Tax Transaction in Securities Employee Share Ownership Trust (quest) Tax Advantage Counteraction Notice

Case Brief

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Parties

Nigel P Grogan

Appellant

The Commissioners for Her Majesty’s Revenue and Customs

Respondents

Procedural Posture

Income Tax Appeal / Final Judgment

Legal Issues

  1. 1 Validity of counteraction notice under ICTA 1988 s.703(3) versus ITA 2007 s.698
  2. 2 Whether a tax advantage was obtained
  3. 3 Whether obtaining a tax advantage was a main object of the transactions

Ratio Decidendi

The Tribunal held that since no notice under ICTA 1988 s.703(3) was served before 6 April 2007, the original notice was invalid and the notice under ITA 2007 s.698 took effect. The Appellant failed to prove that obtaining a tax advantage was not a main object of the transactions; the appeal was dismissed.

Court Disposition

Appeal dismissed