FlyTheNest

Posted: **Tue 03 Sep, 2019 7:04 am**

Morning all.

Posted: **Tue 03 Sep, 2019 8:43 am**

https://www.ft.com/content/2d89a7ce-cd8 ... 4456540ea6" onclick="window.open(this.href);return false;

The UK tax authority has been accused of making up figures to terrorise people by a judge who said a six-figure bill had been “plucked from the air” to frighten a taxpayer receiving incapacity benefit.

Experts warned the case was part of a trend of HM Revenue & Customs making mistakes and failing to properly check demands issued to taxpayers.

In a judgment published last month, Judge Geraint Jones QC ruled in favour of the taxpayer who had appealed against a tax bill and penalties of £342,000.

The First Tier Tribunal heard that in 2018 HMRC had issued income tax assessments worth £272,840 against Sebastian Cussens, based on its belief that he was a sole trader buying and selling cheap second-hand cars. HMRC alleged Mr Cussens had failed to declare trading profits between 2005 and 2016 and also issued him with penalties of £70,102.

However, the tribunal heard that Mr Cussens, who represented himself with help from his 81-year-old father, had been in receipt of enhanced employment and support allowance. This benefit is paid to people unfit to work because of physical or mental impairments. The judgment added that, based on observations at the hearing, the tribunal believed Mr Cussens “lacked the skill, ability and perhaps the understanding to deal with this appeal properly”.

The judge acknowledged that Mr Cussens had failed to co-operate with HMRC and had not mentioned his health condition to them before the hearing.

Nevertheless, the tribunal found fault with the basis on which HMRC calculated the bill issued to Mr Cussens, heavily criticising its assumption that he could have made a 50 per cent net profit margin as “wild, extravagant and unreasonable”. The judgment noted that HMRC’s lawyer was unable to explain how the profit margin had been arrived at.

“It smacks of being a situation where, because the appellant had been uncooperative and was sticking his head in the sand, the respondents [HMRC] decided to issue assessments almost “in terrorem”, in a bid to persuade the appellant to engage properly in the matters under review,” the judgment said.

“We have seen nothing whatsoever in the documentary evidence to suggest that any thought, consideration or analysis whatsoever was undertaken by either the [HMRC] assessing officer and/or the [HMRC] review officer to decide whether taking a net profit figure of 50 per cent of supposed turnover was or was not a reasonable basis upon which to proceed. We are firmly of the view that figure was simply ‘plucked from the air’.”

It seems that nobody at HMRC is actually reality checking these cases and asking “is this a realistic amount?”

Mr Jones, who set aside the tax bill and all the penalties, also criticised HMRC officers for not considering the plausibility of a person, deemed unfit to work on account of their physical or mental impairment, earning tens of thousands of pounds from their own efforts.

“It seems that nobody at HMRC is actually reality checking these cases and asking’ is this a realistic amount?’ [to seek],” said Keith Gordon, a barrister at Temple Tax Chambers. “All they’re seeing is the numbers. It’s as if they are playing a game of Monopoly.”

Mark Taylor, head of tax investigations and dispute resolution at accountancy firm Buzzacott, added that the case showed that the “safety nets” within HMRC were not working and there was a lack of commercial experience at the authority.

“Somebody of experience in HMRC would have signed off these figures, then a review officer has also signed them off, then it’s gone to HMRC’s solicitors who have said ‘let’s proceed to tribunal’ and no one has detected that this case has fundamental flaws,” he said. “We see too many of these cases to view them as isolated.”

HMRC said in response to the ruling: “We are committed to treating all taxpayers with respect by taking individual circumstances into account. We are carefully considering the judgment.”

Posted: **Tue 03 Sep, 2019 9:47 am**

https://www.stokesentinel.co.uk/news/lo ... re-3277328" onclick="window.open(this.href);return false;

Posted: **Tue 03 Sep, 2019 10:23 am**

Justine Greening to quit as Tory MP at next election

Posted: **Tue 03 Sep, 2019 10:26 am**

Grieve

I personally have serious doubts that a general election is going to solve the issue. I think the risk is that we’re going to end up with another hung parliament and no clarity of direction at all. I would prefer this matter to be resolved in a referendum.

The only way to a referendum is through a Labour govt, caretaker or otherwise, as far as I can see.

Posted: **Tue 03 Sep, 2019 10:52 am**

Brussels baffled by Boris Johnson's Brexit progress claims

Just because I like the headline.

Posted: **Tue 03 Sep, 2019 11:25 am**

gilsey wrote:Grieve

I personally have serious doubts that a general election is going to solve the issue. I think the risk is that we’re going to end up with another hung parliament and no clarity of direction at all. I would prefer this matter to be resolved in a referendum.
The only way to a referendum is through a Labour govt, caretaker or otherwise, as far as I can see.

Yes, we have to be realistic here and accept there isn't going to be another referendum during the current parliament.

Posted: **Tue 03 Sep, 2019 11:45 am**

Idly wondering if a dramatic firing of Dominic Cummings would help rescue Boris Johnson. (Or is it too late?) Not that I wish to get Boris Johnson out of the clag.

Edited to add -

It would no doubt be a Dominic Cummings plan, if it happened. And who would trust Boris Johnson not to reappoint him after the dust had settled - or to keep him on, unofficially, in any case?

I think I'm becoming delirious and am seeing underhand plots all over the show.

Posted: **Tue 03 Sep, 2019 12:22 pm**

Jim Fitzpatrick (MP - Labour) interviewd on Sky. Admirable sentiments - but naive (re voting in favour of a General Election).

Posted: **Tue 03 Sep, 2019 12:34 pm**

Cummings is going to come a cropper before too long, I am convinced. And when he does all the fawning media coverage will look even more foolish.

Posted: **Tue 03 Sep, 2019 1:14 pm**

Shami Chakrabarti is talking sense. She just stopped short of saying, "We'd be irresponsible if we simply took things on trust from the lying bastard." Perfectly good justification for being wary of voting for a General Election.

Posted: **Tue 03 Sep, 2019 1:57 pm**

Twitter thread on the Scottish case.

Michael Gray
@GrayInGlasgow
·
1h
O’Neill concludes. Court breaks for lunch. Resumes at 2pm.

" onclick="window.open(this.href);return false;

Posted: **Tue 03 Sep, 2019 1:59 pm**

Good afternoon, everyone.

Posted: **Tue 03 Sep, 2019 2:02 pm**

PorFavor wrote:Shami Chakrabarti is talking sense. She just stopped short of saying, "We'd be irresponsible if we simply took things on trust from the lying bastard." Perfectly good justification for being wary of voting for a General Election.

Yes, she was talking in terms of water-tight, "locked-down", safeguards against leaving without a deal before considering a GE, which sounds like passing legislation first. Which would mean not supporting a GE vote tomorrow.

Posted: **Tue 03 Sep, 2019 2:05 pm**

AnatolyKasparov wrote:Cummings is going to come a cropper before too long, I am convinced. And when he does all the fawning media coverage will look even more foolish.

Also it's hard not to enjoy the sight of BJ between a rock and a hard place. No election unless no deal ruled out, rule out no deal and election strategy blown out of the water.

That seems to be where we are, anyway.

Posted: **Tue 03 Sep, 2019 2:23 pm**

PorFavor wrote:Shami Chakrabarti is talking sense. She just stopped short of saying, "We'd be irresponsible if we simply took things on trust from the lying bastard." Perfectly good justification for being wary of voting for a General Election.

Yes, very good. Johnson can't be believed.

Dominic Grieve favours another referendum. Has Grieve offered a reasonable plan for this course of action?

Posted: **Tue 03 Sep, 2019 2:40 pm**

gilsey wrote:---
No election unless no deal ruled out, rule out no deal and election strategy blown out of the water.

That seems to be where we are, anyway.

(cJA edit)
Exactly. Parliament must rule out no-deal Brexit. Keep it simple allowing no distractions.

Posted: **Tue 03 Sep, 2019 2:42 pm**

I suppose I should wander over to the live blog and see what's going on.

Posted: **Tue 03 Sep, 2019 2:58 pm**

Two local council byelections last week:

Bury - a gain for the localist Radcliffe First in a ward which has previously been Labour since it returned three members for the red team in the 2004 all out elections, though the Tories were competitive for some of that time (and almost won in a previous 2009 byelection) However this May saw RF, in their first electoral outing, run Labour close in this ward (as well as winning a neighbouring one) and an increase of 6 points to over 40% was enough to get them over the line now, even though there was only a modest drop in Labour support. Tories also slightly down on earlier this year, followed by the LibDems on nearly 6% (roughly doubled from May) and lastly UKIP with 2.5%.

South Lanarkshire - SNP hold in a division that split 2Nat/1Lab in 2017 (the larger predecessor seat went 2Lab/2Nat in 2007 and 2012, even taking changes into account there was an obvious swing to the SNP here last time as in most of Scotland) with a 4 point increase in first preferences to 46% this time round as Labour dropped by double figures, their main consolation was remaining in clear second place as the Tories also clearly dropped to under 15% after they only narrowly missed out on a seat two years ago. Both seemed to be affected by a LibDem rise by fully 10 points to 12%, followed by Greens nudging unpwards to the 5% mark and then UKIP followed by the highly "niche" Libertarians (all of 12 first choice votes this time!)

Three contests to begin the new month.

Posted: **Tue 03 Sep, 2019 3:24 pm**

Tory rebel Alistair Burt to stand down as MP at next election (Politics Live, Guardian)

Posted: **Tue 03 Sep, 2019 3:42 pm**

https://www.theguardian.com/uk-news/201 ... five-years" onclick="window.open(this.href);return false;

Posted: **Tue 03 Sep, 2019 3:42 pm**

Tory MP Philip Lee defects to Lib Dems

Posted: **Tue 03 Sep, 2019 3:45 pm**

"2b or not 2b.."

"Oh ,suit yourselves"

Posted: **Tue 03 Sep, 2019 3:46 pm**

Or Libdem defect to the Tories

Posted: **Tue 03 Sep, 2019 3:49 pm**

No Deal would destroy Britain’s international reputation Nicholas Westcott, Research Associate at SOAS, on the LSE Brexit Blog

In short, a no-deal Brexit would be seen as a heavy international defeat for Britain. We would not have got our way. We would have proven unable to negotiate – with our nearest friends – a deal that protected our economic interests. And the world will see this. They – the US, China, India, Russia, the Gulf states, African and Latin American countries, Spain, Mauritius, Argentina – all will say to themselves that Britain is now weak, it needs our support, and we can ask for whatever we want.

Posted: **Tue 03 Sep, 2019 3:49 pm**

gilsey wrote:Tory MP Philip Lee defects to Lib Dems

Which means the Government no longer has a working majority!

Posted: **Tue 03 Sep, 2019 3:51 pm**

I'm watching Boris Johnson giving his G7 statement. He seems to be in a right state.

Posted: **Tue 03 Sep, 2019 4:10 pm**

More bluff and bluster, I presume?

Posted: **Tue 03 Sep, 2019 4:10 pm**

Hordes of Momentum activists trying to take over the streets? (Guess who just said that.)

(John Bercow is getting a bit tetchy with Boris Johnson - I think because he (Boris Johnson) doesn't appear to know basic Commons procedure\behaviour for a Prime Minister. Things that even a new boy should know.)

Posted: **Tue 03 Sep, 2019 4:29 pm**

Things really are falling apart. Both Ken Clarke and Philip Hammond blatantly take the piss out of Boris Johnson (who is, I'm told, the Prime Minister, after all).

Posted: **Tue 03 Sep, 2019 4:43 pm**

Anna Soubry, the Independent Group for Change leader, also asks about the Telegraph story, and asks if it is true that Johnson rang the Telegraph editor to complain about it.

Johnson again refuses to comment on the story. But he says he has not had any conversation today with any journalist about this matter. (Politics Live, Guardian - my emphasis)

Losing count of the issues on which Boris Johnson refuses to comment.

Posted: **Tue 03 Sep, 2019 5:28 pm**

I missed Michael Gove's effort. Did anyone here catch it, and can they give an opinion, please?

Posted: **Tue 03 Sep, 2019 5:32 pm**

After witnessing Johson's risible performance in parliament just now if enough tories don't vote against him tonight then we're fucked. He was a clown without the laughs, apart from those laughing at him or his blithering idiotic responses to questions. An abject buffoon offering nothing but bluff and bluster while trying to shift blame onto anyone but himself. It was pathetic and I can only hope it further encouraged those wishing to rebel because how anyone could have taken any comfort or confidence from his car crash of a performance is beyond me.

We shall see this evening.

Posted: **Tue 03 Sep, 2019 5:57 pm**

PorFavor wrote:I missed Michael Gove's effort. Did anyone here catch it, and can they give an opinion, please?

I'm unable to give you a report. I was washing dishes. Daylight is precious.

Posted: **Tue 03 Sep, 2019 6:49 pm**

citizenJA wrote:
PorFavor wrote:I missed Michael Gove's effort. Did anyone here catch it, and can they give an opinion, please?
I'm unable to give you a report. I was washing dishes. Daylight is precious.

[youtube]OFs5vlfZzH0[/youtube]

Posted: **Tue 03 Sep, 2019 7:24 pm**

Jacob Rees Mogg looks set to witter on for some considerable time.

Posted: **Tue 03 Sep, 2019 7:36 pm**

But, just to be contrary, I do like a double breasted suit.

Posted: **Tue 03 Sep, 2019 7:40 pm**

PorFavor wrote:Jacob Rees Mogg looks set to witter on for some considerable time.

[Bercow] insists that he will not be thrown off course, and he ends his peroration on this by quoting Boris Johnson, saying he will carry on “do or die”.

Posted: **Tue 03 Sep, 2019 7:45 pm**

PorFavor wrote:But, just to be contrary, I do like a double breasted suit.

Very handsome when it fits the wearer

Posted: **Tue 03 Sep, 2019 7:48 pm**

I note your insertion of the conditionality. (God, I'm beginning to sound like Jacob Rees Mogg.)

Posted: **Tue 03 Sep, 2019 7:58 pm**

I've never bothered doing more than follow Rees-Mogg's voting record. I dislike his political philosophy. Tonight, I'm aghast by the man's antics in the House.

Posted: **Tue 03 Sep, 2019 8:38 pm**

citizenJA wrote:I've never bothered doing more than follow Rees-Mogg's voting record. I dislike his political philosophy. Tonight, I'm aghast by the man's antics in the House.

Ken Clarke has just been openly and gleefully mocking him, the look on Mogg's face was an absolute delight to behold.

Posted: **Tue 03 Sep, 2019 8:44 pm**

Stirring stuff from Nick Boles.

Posted: **Tue 03 Sep, 2019 8:55 pm**

Sky'sGoneOut wrote:
citizenJA wrote:I've never bothered doing more than follow Rees-Mogg's voting record. I dislike his political philosophy. Tonight, I'm aghast by the man's antics in the House.
Ken Clarke has just been openly and gleefully mocking him, the look on Mogg's face was an absolute delight to behold.

Missed it. Bumboils.

Posted: **Tue 03 Sep, 2019 8:59 pm**

Dominic Grieve seemed genuinely furious with Mogg. He couldn't conceal his contempt. I don't think I've ever seen him angry before.

Posted: **Tue 03 Sep, 2019 9:01 pm**

I thought Jeremy Corbyn acquitted himself rather well, earlier. Often he can just sound bored and lethargic when he speaks about "Brexit". This evening, he spoke fairly quietly but forcefully and outlined the situation clearly.

Edited - typo

Posted: **Tue 03 Sep, 2019 9:02 pm**

Sky'sGoneOut wrote:Dominic Grieve seemed genuinely furious with Mogg. He couldn't conceal his contempt. I don't think I've ever seen him angry before.

Missed that, too. I've been having a much-needed nap.

Posted: **Tue 03 Sep, 2019 9:03 pm**

Sky'sGoneOut wrote:
citizenJA wrote:I've never bothered doing more than follow Rees-Mogg's voting record. I dislike his political philosophy. Tonight, I'm aghast by the man's antics in the House.
Ken Clarke has just been openly and gleefully mocking him, the look on Mogg's face was an absolute delight to behold.

I think I'll find that segment somewhere tomorrow.

Posted: **Tue 03 Sep, 2019 9:05 pm**

Steven Swinford
@Steven_Swinford
Get ready for filibustering Lords-style:

Hearing there will be no fewer than *ninety* amendments in Lords tomorrow night if rebel MPs succeed this evening

Each amendment could require 2 divisions

Peers being told to prepare for all night sitting

Posted: **Tue 03 Sep, 2019 9:06 pm**

PorFavor wrote:I thought Jeremy Corbyn acquitted himself rather well, earlier. Often he can just sound bored and lethargic when he speaks about "Brexit". This evening, he spoke fairly quietly but forcefullyand outlined the situation clearly.

Yes. His contributions received general approval this evening.

FlyTheNest

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