ANTHONY OUTRAM & ROSS OUTRAM v THE COMMISSIONERS FOR HIS MAJESTY鈥橲 REVENUE AND CUSTOMS [2024] UKUT 00203 (TCC)
Upper Tribunal Tax & Chancery decision of Judge Jeanette Zaman and Judge Ashley Greenbank on July 12th 2024
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INCOME TAX 鈥� discovery assessments 鈥� Appellants had claimed losses on tax returns in relation to transactions which had been marketed as tax avoidance 鈥� agreed scheme did not achieve intended tax benefits 鈥� FTT held inaccuracies in tax returns were deliberate 鈥� Appellants appealed 鈥� held 鈥� no procedural error in review of decision by FTT, and FTT was entitled to make the amendments made to the decision 鈥� whilst FTT had purported to apply the correct subjective test when assessing whether conduct was deliberate, reasoning included an objective approach 鈥� appeal allowed and remitted to FTT