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The taxpayer claimed a capital gains tax loss of £2 million in his self-assessment tax return for 2004-05.
HMRC took the figures from the return entered them manually on the computer but then lost the return.
The taxpayer did send a copy of the return when requested so HMRC issued a TMA 1970 s 20 notice requiring him to deliver a copy of the return.
The taxpayer’s accountant said that the return was not relevant to the liability and did not send a copy of the return.
HMRC issued a summons under TMA 1970 s 98(1)(b) for failure to comply with the notice and requested a penalty of £300.
The taxpayer did not attend the hearing. The Special Commissioner agreed a penalty of £300 on the basis that the return contained relevant information.
The fact that HMRC had lost the original return did not prevent them...
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