Jackson v Revenue & Customs (INCOME TAX/CORPORATION TAX : Assessment/self-assessment) [2015] UKFTT 221 (TC) (13 May 2015)

Jackson v Revenue & Customs (INCOME TAX/CORPORATION TAX : Assessment/self-assessment) [2015] UKFTT 221 (TC) (13 May 2015)

The tribunal found no evidence of suppression of cash takings and accepted the appellant's explanation for the business's payment structure and declining income. HMRC's assessments were based on flawed assumptions and not supported by evidence.

Citation
[2015] UKFTT 221 (TC)
Parties
Appellant: Peter N Jackson; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
13 May 2015
Procedural Posture
Income Tax/corporation Tax Assessment/self Assessment Appeal / First Tier Tribunal (tax Chamber) Final Hearing
Outcome
Appeal allowed
Legal Topics
Income Tax Assessment, National Insurance Contributions, Suppression of Takings, Business Records, Penalties for Under Declaration

Case Brief

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Parties

Peter N Jackson

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Income Tax/corporation Tax Assessment/self Assessment Appeal / First Tier Tribunal (tax Chamber) Final Hearing

  1. 1 Whether the appellant suppressed cash takings
  2. 2 Whether business income was understated
  3. 3 Whether HMRC's assessments and penalties were justified

Ratio Decidendi

The tribunal found no evidence of suppression of cash takings and accepted the appellant's explanation for the business's payment structure and declining income. HMRC's assessments were based on flawed assumptions and not supported by evidence.

Court Disposition

Appeal allowed

Orders

  • Assessments and penalties discharged