Tower MCashback 3 LLP v Revenue & Customs [2014] UKFTT 1081 (TC) (05 December 2014)

Tower MCashback 3 LLP v Revenue & Customs [2014] UKFTT 1081 (TC) (05 December 2014)

The application to reinstate the appeals was refused because TM 3 LLP's claim for capital allowances in respect of expenditure on the purchase of patent rights had no reasonable prospect of success, as there was no evidence that TM 3 LLP acquired any patent rights during the relevant period.

Citation
[2014] UKFTT 1081
Parties
Appellant: Tower MCashback 3 LLP; Respondents: The Commissioners for Her Majesty’s Revenue & Customs
Jurisdiction
United Kingdom
Judgment Date
05 December 2014
Procedural Posture
Tax Appeal / Application to Reinstate Withdrawn Appeals
Outcome
Application to reinstate appeals refused
Legal Topics
Capital Allowances, Withdrawal and Reinstatement of Appeals, Standing of Members in LLP, Patent Allowances, Alternative Dispute Resolution

Case Brief

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Parties

Tower MCashback 3 LLP

Appellant

The Commissioners for Her Majesty’s Revenue & Customs

Respondents

Procedural Posture

Tax Appeal / Application to Reinstate Withdrawn Appeals

  1. 1 Whether the appeals withdrawn by TM 3 LLP should be reinstated
  2. 2 Whether Mr Marsden had standing to withdraw the appeals
  3. 3 Whether Mr Smith had standing to apply for reinstatement

Ratio Decidendi

The application to reinstate the appeals was refused because TM 3 LLP's claim for capital allowances in respect of expenditure on the purchase of patent rights had no reasonable prospect of success, as there was no evidence that TM 3 LLP acquired any patent rights during the relevant period.

Court Disposition

Application to reinstate appeals refused