Anthony Fitzpatrick v Commissioners for Her Majesty's Revenue and Customs

Decision date: 26 May 2010

Neutral citation: [2010] UKFTT 241 (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

Mr FitzPatrick appealed a £149.71 default surcharge imposed after he underpaid his 2007–08 self‑assessment liability by 31 January 2009. The Tribunal held that while being misled by HMRC can in principle amount to a "reasonable excuse", that defence only applies where HMRC actively misled the taxpayer and the taxpayer did not materially contribute to the misunderstanding. On the facts the Tribunal found HMRC did not actively mislead Mr FitzPatrick and he had contributed to the misunderstanding, so the surcharge was 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

A taxpayer may rely on being misled by the tax authority as a "reasonable excuse" for late payment only if the authority's misleading conduct was active, was not within the taxpayer's control, and the taxpayer did not materially contribute to the misunderstanding; the taxpayer bears the burden of proving such a reasonable excuse.

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 observed that pursuing small disputed sums by appeal may be disproportionate and suggested alternative dispute‑resolution; it also commented on the meaning of "extraordinary" in the context of reasonable excuse, noting it may mean "considerably out of the ordinary" rather than strictly "remarkable."