Altan Goksu v The Commissioners for HMRC

Decision date: 11 July 2022

Neutral citation: [2022] UKFTT 213 (TC)

Overall AI summary confidence: medium

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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: medium

This appeal concerned whether a capital loss from a 1998 property sale had been notified and quantified to HMRC so it could be carried forward against a 2014-15 gain, and whether inaccuracies in a 2014-15 amended return were careless or deliberate. The Tribunal found the taxpayer's accountant had submitted a 2000 capital loss computation, allowed a provable minimum carried-forward loss of £412,126 (less than claimed), set the related penalty to nil, and held the taxpayer's overstatement of sale expenses was careless, imposing a penalty of £6,627.03. The appeal was allowed in part.

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

The Tribunal accepted on the balance of probabilities that an earlier capital loss had been notified by credible testimony supported by non‑contemporaneous documents, and, where the exact previously claimed amount cannot be proved, a tribunal may allow a provable minimum amount to be carried forward and used against a later gain.

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 judgment indicated that reliance on long‑ago recollection by a taxpayer about technical tax advice has limited weight when the taxpayer lacks tax expertise, and that subsequent corrections or supporting documents can be relevant in distinguishing careless from deliberate conduct for penalty purposes.