header-logo header-logo

Tax

28 October 2010
Issue: 7439 / Categories: Case law , Law digest
printer mail-detail

Commissioners for Revenue and Customs v Lansdowne Partners Ltd Partnership [2010] EWHC 2582 (Ch), [2010] All ER (D) 183 (Oct)

The question to be asked when considering discovery assessments and s 29 of the Taxes Management Act 1970 was whether an officer of the commissioners had sufficient information to make a decision whether to raise an additional assessment. The statutory reference was to a hypothetical officer rather than a real individual. The hypothetical officer had to be endowed with knowledge of elementary arithmetic, some knowledge of tax law, and some tax law, all of which he would apply to the prescribed sources of information. The test of whether an officer could reasonably have been expected to be aware of an actual insufficiency was an objective test. “Awareness” was the officer’s awareness of an actual insufficiency in the self-assessment in question, rather than an awareness that he should do something to check whether there was an insufficiency. The sources of information referred to in s 29(6) of the Act were the only sources of information to be taken into account

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll