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G Pitcher (TC5870)
Penalty for failing to pay tax due under an accelerated payment notice
The taxpayer appealed against a penalty imposed because he missed the deadline for a settlement required by an accelerated payment notice (APN). The notice related to a tax loss he claimed was generated in 2007-08 as a result of his participation in the ‘Liberty 2 (Syndicate)’ tax avoidance scheme.
His grounds of appeal included:
- the APN penalty should be cancelled since it had not been validly served on him because he had not received it;
- a tax repayment due to him for 2006-07 should have been set off against the APN;
- he had a reasonable excuse for not making the payment on time because he had been convicted and imprisoned was the subject of confiscation proceedings and was unable to work due to his criminal record...
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