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07 April 2008
Categories:
Tax cases
Johnson v CRC, Chancery Division, 6 February 2008
The taxpayer transferred 25,001 £1 shares in a company to a charity and reported it on his tax return.
HMRC requested the papers relating to the transfer on the ground that they believed that the return was deficient. The taxpayer sent HMRC a copy of the stock transfer form only.
The matter went to the General Commissioners who found that the taxpayer had failed to comply with HMRC's request and imposed a penalty of £300 under TMA 1970, s 98. The taxpayer appealed saying that the General Commissioners had pre-judged the matter.
Mr Justice Morgan in the High Court said that the General Commissioners had not erred in law. They were entitled to conclude as they had. The penalty was appropriate.
The taxpayer's appeal was dismissed.
Categories:
Tax cases
