Source: All England Reporter
Publisher Citation: [2005] All ER (D) 161 (Jan)
Court: Chancery Division
Judge:

Park J
Representation Claire Simpson (instructed by Robinson Barber & Co) for the taxpayer.
  Michael Gibbon (instructed by the Solicitor of Inland Revenue) for the Revenue.
Judgment Dates: 20 January 2005

Catchwords

Capital gains taxation - Exemptions and reliefs - Roll-over relief - Business asset - Expenditure - Assessment - Assessment that part of expenditure qualifying for roll-over relief - Assessment more than six years after relevant period - Correctness of decision - , s 36.

The Case

In the circumstances of the case, the General Commissioners had been entitled to conclude first, that not all of the expenditure in respect of which the taxpayer had claimed roll-over relief for the tax year 1986-1987 did actually qualify for such relief, and secondly, that there had been negligent conduct on the part of the taxpayer or persons on his behalf so as to enable the Revenue to make an assessment more than six years after the relevant period.

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