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, even though the applicant had standing and acted in good faith, there was no evidence that TM 3 LLP acquired any patent rights or incurred qualifying expenditure, and thus the appeals had no reasonable prospect of success.

Citation
[2014] UKFTT 1081 (TC)
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Tax Appeal / Application to Reinstate Withdrawn Appeals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, Patent Allowances, Withdrawal and Reinstatement of Appeals, Standing of Board Members, Alternative Dispute Resolution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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Tax Appeal / Application to Reinstate Withdrawn Appeals

  1. 1 Whether the application to reinstate withdrawn appeals should be granted
  2. 2 Whether the applicant had standing to apply for reinstatement
  3. 3 Whether the appeals have a reasonable prospect of success

Ratio Decidendi

The application to reinstate the appeals was refused because, even though the applicant had standing and acted in good faith, there was no evidence that TM 3 LLP acquired any patent rights or incurred qualifying expenditure, and thus the appeals had no reasonable prospect of success.

Court Disposition

Application to reinstate appeals refused