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HMRC’s intention to enquire into taxpayer’s return was given out of time

By Mark McLaughlin, August 2024

HMRC failed to satisfy the burden of proving that its notice of intention to enquire into the taxpayer’s tax return for 2009/10 was given in time, so the enquiry was not validly opened and therefore the enquiry closure notice given to the taxpayer was not valid. 

In March 1998, the appellant became a salaried partner in a solicitors’ firm (RC). In May 1999, he became an equity partner. In April 1998, the appellant became a shareholder in a company (LRSL). Subsequently, RC entered into agreements with LRSL, whereby LRSL arranged for medical examinations of RC’s clients for a fee. The other partners were not aware of the appellant’s interest in LRSL. In February 2004, the appellant sold his shares in LRSL for £1.5m. On 28 February 2007, RC ceased trading. In or around June 2007, the former partners in RC discovered the appellant had sold shares in LRSL for £1.5m in 2004. In September 2008, they filed a claim against the

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