Dr Adeboyr Samson Jolaoso v Commissioners for Her Majesty's Revenue and Customs

Decision date: 12 January 2011

Neutral citation: [2011] UKFTT 44 (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

Dr Jolaoso appealed HMRC adjustments treating the whole capital gain on sale of a leasehold flat as his and disallowing most claimed motoring expenses. The Tribunal found title, mortgage and conveyancing documents named him alone and no contemporaneous written declaration or corroboration of a joint beneficial interest was produced, so the gain arose wholly to him. The appellant also failed to substantiate business use of motoring expenses, and the Tribunal allowed only 10% of those costs. The appeal was dismissed.

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 legal and transactional documents (title, mortgage, conveyancing) address ownership to one person, and no contemporaneous written declaration or evidence of contribution by another is produced, the capital gain will be treated as arising to that person; and where a taxpayer claims expenses as wholly and exclusively for trade, the taxpayer bears the burden of adducing corroborative evidence of the business proportion, failing which the tribunal may allow only a modest proportion.

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 noted that giving away sale proceeds after disposal does not affect who the gain originally arose to. It also observed that limitations of professional confidentiality may restrict available corroborative evidence, but such limitations do not relieve the claimant of the need to provide corroboration.