Mr Alan Humphreys v Commissioners for Her Majesty's Revenue and Customs

Decision date: 7 April 2010

Neutral citation: [2010] UKFTT 204 (TC)

Overall AI summary confidence: high

AI Notice: Any short overview, ratio decidendi summary or obiter dicta summary shown on this page is AI-generated, provided only to help users assess potential relevance more quickly, and may be wholly inaccurate. No liability is accepted for the accuracy of any such summary, regardless of any AI confidence rating shown. Users should check the underlying decision and obtain appropriate legal advice rather than relying on any summary.

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

This appeal concerned an HMRC TMA notice (17 March 2009) requiring the appellant to produce bank and credit‑card statements for 2006/07; HMRC issued the notice as part of an open enquiry and the appellant appealed. The Tribunal found HMRC acted within the Taxes Management Act, that the documents were reasonably required and in the appellant’s possession or power given inadequate business and offshore account records, dismissed the appeal and ordered compliance within the specified time.

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

The Tribunal decided that, under the relevant TMA provision cited (s19A as noted), an officer may require a taxpayer to produce documents in the taxpayer’s possession or power that are reasonably required for an enquiry; where a self‑employed taxpayer has not kept required business or investment records (as noted under s12B), HMRC’s request for source documents is justified to determine whether a return is incorrect or incomplete.

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 commented on the parties’ duty to cooperate with the Tribunal (Rule 2(4)) and criticised the appellant for seeking adjournments without timely notice or medical evidence; it also noted that HMRC could obtain records directly from finance houses if the taxpayer completed appropriate mandates.