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Humpty Dumpty land
KEY POINTS
- A negligible value claim on behalf of a deceased taxpayer was refused.
- The Upper Tribunal appear to have found persuasive arguments in a Revenue memorandum.
- Does HMRC’s view always coincide with the intention of parliament?
- HMRC’s interpretation was narrower than ESC D28 appeared to be.
- Internal documents reveal conflicting views within the department.
In the case summary of HMRC v Drown & Leadley (Taxation 20 April 2017) Andrew Hubbard remarked on the unusual reference by the Upper Tribunal judges to an internal Revenue memorandum dating from 1993 which expressed a view of the law with which the Upper Tribunal later agreed.
Before considering this point in further detail it is worth summarising briefly the issue in the case. The taxpayers were the executors of the late Mr Leadley who...
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