Geoffrey Allen v Commissioners for Her Majesty's Revenue and Customs

Decision date: 29 December 2010

Neutral citation: [2011] UKFTT 26 (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, Geoffrey Allen, sought review of historic tax years (1988–1992) outside the statutory six-year limit, claiming accounting and HMRC errors. The Tribunal held that none of the narrowly defined exceptional circumstances allowing remedial extension applied and that HMRC's 29 March 2010 letter was a restatement, not a fresh decision. The Tribunal concluded it had no jurisdiction and struck out 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

An appeal seeking relief for tax years beyond the six-year statutory limit cannot proceed where none of the limited statutory or recognised exceptional grounds for extending relief (misleading conduct by HMRC, an informal timely claim, or incapacity preventing timely claim) are shown; a departmental restatement of an existing position does not in itself constitute a new decision creating Tribunal jurisdiction.

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

No clear obiter dicta are identifiable from the notes beyond the Tribunal’s factual finding that the listed exceptional grounds were not made out on these facts.

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