The fact that the Supreme Court’s earlier dismissal of the concept of ‘staleness’ was obiter dicta did not mean that the Upper Tribunal must follow the binding ratio of the Court of Appeal in the same case that the concept of staleness applied to discovery assessments, and the Upper Tribunal also detected no error of law in the First-tier Tribunal’s decision on a partnership’s liability to tax on its entitlement to profits. 

Summary 

The fact that the Supreme Court’s earlier dismissal of the concept of ‘staleness’ was obiter dicta did not mean that the Upper Tribunal must follow the binding ratio of the Court of Appeal (CA) in the same case that the concept of staleness applied to discovery assessments, and the Upper Tribunal also detected no error of law in the First-tier Tribunal’s decision on a partnership’s liability to tax on its entitlement to profits. <>