David Stanley v Commissioners for Her Majesty's Revenue and Customs

Decision date: 14 March 2011

Neutral citation: [2011] UKFTT 169 (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 HMRC assessments for the years 1990‑91 to 2005‑06 on a self‑employed taxpayer who had never submitted returns. The tribunal held HMRC had "discovered" income for s29 purposes, that the pre‑Finance Act 2008 version of s36 (fraudulent or negligent conduct with the long‑stop) applied by virtue of transitional provisions, and that the taxpayer's failure to notify amounted to negligence so the assessments were lawful; the assessments and HMRC's estimates of profits were confirmed and the appeal 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: medium

Where a taxpayer has never delivered returns an officer's "discovery" of omitted income enables s29 assessments to be raised, and transitional provisions (Article/Order) can preserve the pre‑amendment long‑stop regime so that the fraud/negligence test and 20‑year limit continue to apply; negligent failure to notify can satisfy that test and justify late 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 commented that the substituted s36(1A) may be read disjunctively so that not all of its subparagraphs require deliberate conduct to engage the 20‑year limit, and observed that HMRC officers should take greater care in applying transitional provisions and that voluntary disclosure is preferable to "discovery."