In Thompson and Skinner v HMRC [2014] UKFTT 826 (20 August 2014) the FTT granted HMRC an application to strike out appeals on the ground that they had been settled by agreement under TMA 1970 s 54.
The FTT observed that if the appeals had been settled under a s 54 agreement they would be treated as if they had been judicially determined so that under the principle of res judicata the FTT would have no jurisdiction.
The two taxpayers contended that no s 54 agreement had been entered into as they had not been aware that HMRC had made an offer the terms of which were unclear in any event and they had made their payments under duress.
The FTT found that the taxpayers must have been aware of the offer as they had made a counter-offer...
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In Thompson and Skinner v HMRC [2014] UKFTT 826 (20 August 2014) the FTT granted HMRC an application to strike out appeals on the ground that they had been settled by agreement under TMA 1970 s 54.
The FTT observed that if the appeals had been settled under a s 54 agreement they would be treated as if they had been judicially determined so that under the principle of res judicata the FTT would have no jurisdiction.
The two taxpayers contended that no s 54 agreement had been entered into as they had not been aware that HMRC had made an offer the terms of which were unclear in any event and they had made their payments under duress.
The FTT found that the taxpayers must have been aware of the offer as they had made a counter-offer...
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If you do not subscribe but are a registered user, please enter your details in the following boxes:
