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A degree of unfairness

26 January 2016 / Mary Ashley
Issue: 4535 / Categories: Comment & Analysis , Capital Gains
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Report on the taxpayer’s victory in a recent judicial review case.

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KEY POINTS

  • HMRC reject taxpayer’s claim for capital losses for 1999 2000 2001 and 2002.
  • Judicial review of closure notices sought by the taxpayer.
  • Taxpayer seeks to rely on HMRC guidance issued following the Mansworth v Jelley decision.
  • The court holds that the taxpayer had a legitimate expectation to loss relief.
  • HMRC have applied to the Court of Appeal for leave to appeal this decision.

On 11 November 2015 the High Court handed down its judgment in The Queen oao Ralph Hely-Hutchinson v HMRC [2015] EWHC 3261 (Admin). The taxpayer Mr Ralph Hely-Hutchinson represented by Rory Mullan and Harriet Brown (acting pro bono)...

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