D O Needham v Commissioners for Her Majesty's Revenue and Customs

Decision date: 16 November 2010

Neutral citation: [2010] UKFTT 571 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

The appellant, a PAYE construction worker who declared small self‑employment income and large expenses for 2001/02–2005/06, could not produce contemporaneous business records. HMRC issued closure amendments largely disallowing the claimed expenses; the First-tier Tribunal found the appellant had not discharged the burden of proof and upheld the review figures and closure amendments, dismissing the appeal.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

Where a taxpayer relies on claimed business deductions but cannot produce supporting contemporaneous records, the taxpayer bears the burden of proof and, if that burden is not discharged on the balance of probabilities, HMRC’s amendments disallowing or apportioning those expenses may be upheld; claimed deductions must be shown to be wholly and exclusively for the trade.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The Tribunal observed that HMRC’s pragmatic offer to allow a proportion of disputed expenses (here, 25%) may be reasonable in the absence of records, and that loss of an accountant’s files without adequate contemporaneous workings is insufficient to satisfy the taxpayer’s evidential burden.