The tax case result released yesterday afternoon was obviously a surprise. After reading the findings, it is still difficult to understand how two of the three judges arrived at such a decision. The third dissenting judge’s opinion was clearly more in line with expectations. However, in the First Tier Tribunal it is a case of majority rule.
If an appeal is launched, it will take several more months before we get the next level of decision. Appeals are not automatically granted, but in this case- with a dissenting judge and where a dispute over legal interpretation exists already- it seems certain. At the Upper Tribunal, new evidence is not introduced and the case is not re-argued. The judges at the Upper Tribunal will hear legal arguments over whether the First Tier Tribunal judges made an error in interpreting the law and will rule accordingly.
This blog brought light to a matter of public interest. This blog has been accurate on all of the major points of the case except the one that matters most to date- the FTT outcome.
We thank everyone who has participated. Hopefully, we will see the result reversed on appeal.