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Rafferty v. HM Revenue and Customs – Special Commissioners – 19 May 2005

INCOME TAX – Appellant was a self-employed sales associate with Allied Dunbar and on retirement sold his practice to a subsidiary company of Allied Dunbar – whether renewal commissions received after the discontinuance of the trade arose from the carrying on of the trade before the discontinuance – yes – whether on the transfer of the trade there was a permanent discontinuance of the trade by reason of a change in the person carrying on the trade – yes – appeal allowed – ICTA 1988 Ss 103, 106, 110 and 113

ASSESSMENT – discovery of loss of tax – conditions for making assessment – whether the Special Commissioners have jurisdiction to consider whether an assessment falls within section 29(2) – yes – whether the Appellant’s tax return was made in accordance with the practice generally prevailing at the time – no – whether the officer of the board could have been reasonably expected on the basis of the information made available to him to be aware that profits which ought to have been assessed to tax had not been assessed – no –TMA 1970 S 29(2) and (5)

David Goldberg QC appeared for the Appellant