An application to postpone income tax and Class 4 National Insurance contributions was allowed in full as the taxpayer’s arguments for having been overcharged were real rather than fanciful. 

HM Revenue and Customs (HMRC) researched the affairs of the applicant and his wife over a 20-year period, which included self-employed businesses and all companies where they were shareholders or directors. Subsequently (under Code of Practice 9), the applicant and his wife were offered an opportunity to enter the contractual disclosure facility (CDF). At the same time, HMRC decided to make jeopardy amendments (under TMA 1970, s 9C) and discovery assessments (under TMA 1970, s 29) to prevent a loss of tax to the Exchequer, covering several areas where HMRC considered that the applicant had failed to notify the receipt of income.

The applicant sought to postpone income tax and Class 4 National Insurance contributions (NICs)