Michael John Thomas v Commissioners for Her Majesty's Revenue and Customs

Decision date: 12 November 2010

Neutral citation: [2010] UKFTT 567 (TC)

Overall AI summary confidence: medium

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: medium

This appeal concerned CIS-based tax assessments for 2003/04 and 2004/05 raised against Mr Michael John Thomas, who claimed that his manager, Mr Russell, had misappropriated all business income. The First-tier Tribunal found Mr Thomas bore the onus of showing on the balance of probabilities that he derived no income in those years and that the late, uncorroborated letter from Mr Russell did not suffice. The tribunal accepted the HMRC reviewer’s apportionment of income on the available evidence and dismissed the appeal, upholding the revised assessments.

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: medium

Where a taxpayer asserts that a third party wholly misappropriated business receipts such that the taxpayer derived no taxable income, the taxpayer must produce corroborative evidence beyond uncorroborated admissions by an unreliable third party; in the absence of such corroboration, a reviewer’s reasoned apportionment based on available bank records, cheque schedules and material cost proportions can be a permissible basis for adjusting and upholding CIS assessments.

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 recorded criticisms of delay and handling by HMRC and accepted the genuine severity of Mr Thomas’s ill health, but indicated these factors did not provide the necessary corroboration to displace the assessments; these comments were factual observations rather than determinative legal principles.