This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Tribunal refused HMRC’s application for taxpayer’s appeal to be struck out

By Mark McLaughlin, March 2026

The First-tier Tribunal refused HMRC’s application for the taxpayer’s appeal to be struck out but required the taxpayer to produce a witness statement for the substantive hearing, together with a checked and verified skeleton argument after the original skeleton produced by the appellant’s representative using AI was found to contain inaccuracies. 

HM Revenue and Customs (HMRC) issued tax return enquiry closure notices to the appellant on 15 February 2021 for 2013/14 and 2014/15. The appellant appealed. Following correspondence between the parties, HMRC made an application to the First-tier Tribunal (FTT) for the appeal to be struck out (under the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2020, rule 8(3)(b)). HMRC contended that there had been a catalogue of repeated and deliberate non-compliance from

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Tribunals erred in their approach to the ‘significant influence’ test in the salaried members rules
By Mark McLaughlin, March 2025
The later of two interim dividends was due and payable when it was paid
By Arthur Weller, December 2024
Late application for lifetime allowance fixed protection 2012 rejected
By Mark McLaughlin, November 2024
HMRC’s intention to enquire into taxpayer’s return was given out of time
By Mark McLaughlin, August 2024
bank error was reasonable excuse for failing to provide bank statements
By Mark McLaughlin, May 2020