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The appellant a farm partnership appealed against an amendment to the partnership tax return made by HMRC in May 2010 under TMA 1970 s 28B.
The amendment increased the partnership profit on the basis that it related to expenditure which was capital in nature and therefore not allowable as a deduction in the accounts.
The cause of the dispute was the re-surfacing of the farm drive at a cost of £23 300.
HMRC submitted that the drive should have been regarded as an ‘entirety’ in its own right and concreting it was to provide an entirely new and better surface than before; it should therefore be considered a renewal.
The appellant argued that the new surface of the drive had been laid over the old tarmac surface filling...
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