Jerome Anderson v The Commissioners for HM Revenue and Customs:[2018] UKUT 0159 (TCC)
Upper Tribunal Tax and Chancery decision of Mr Justice Morgan and Judge Berner on 17 May 2018.
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INCOME TAX – discovery assessment – s 29 TMA – meaning of “discover” – subjective and objective tests – whether Revenue officer believed that there had been an insufficiency of tax – whether officer merely had grounds for suspicion – whether it was open to officer to believe that there had been an insufficiency of tax – whether losses claimed to have arisen in a soccer academy trade were available for sideways loss relief – ss 64 and 72 ITA – whether taxpayer carried on a trade – whether on a commercial basis and with a view to or realistic expectation of profit – ss 66 and 74 ITA – whether tax-generated losses –s 74B ITA.