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Keith M Gordon MA(Oxon) FCA CTA(Fellow)

 

Key Cases

Keith has been involved in many of the most influential cases heard over the past ten years.  The following represent a sample of those cases.


Substantive tax questions


ALBATEL LIMITED -and- THE COMMISSIONERS FOR HER MAJESTY'S REVENUE & CUSTOMS [2019] UKFTT 0195 (TC)
Already one of the leading cases on the IR35 rules as they apply to media celebritites.

Jones v Garnett (HM Inspector of Taxes) [2007] UKHL 35
The definitive case on husband and wife companies where dividend income is shared.  Keith was the junior counsel for the taxpayer in the 'Arctic Systems' case when it was heard at the Court of Appeal late in 2005 and by the House of Lords in June 2007. For commentary on their Lordships' judgment, click here.

HMRC v Thomson [2014] UKUT 360 (TCC)
Keith repeated his previous victory in the First-tier Tribunal on the meaning of "trade" in the context of a not-for-profit organisation.

ORIEL DEVELOPMENTS LIMITED v THE COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS [2019] UKFTT 0503 (TC)
The case concerned the application of the capital gains rollover relief rules in cases where the gain had arisen in the course of a compulsory purchase.

RICHARD VILLAR v HMRC [2019] UKFTT 0117 (TC)
The case concerned the nature of a surgeon’s business which was sold to a hospital group.  The case also involved the first known challenge by HMRC (unsuccessful) using the ‘Beatles clauses’ which were introduced in 1969.

William Ritchie & Hazel Ritchie and The Commissioners for Her Majesty’s Revenue and Customs [2017] UKFTT 0449 (TC)
A case concerning the potential intricacies of the main residence rules.  After a partial success in the First-tier, HMRC appealed to the Upper Tribunal where Keith was able to get the discovery assessments set aside in their entirety ([2019] UKUT 0071 (TCC)).

Robert Ames v HMRC: [2018] UKUT 0190 (TCC)
The case concerned the interaction of the income tax and capital gains tax exemptions for the EIS.  Ultimately, Keith won the case by showing that HMRC’s refusal to permit Mr Ames to make a late income tax claim was flawed.


Residence and domicile


Keith has been involved in a number of major cases concerning residence, ordinary residence and domicile including:


APNs, PPNs, Follower Notices, POTAS


R (oao Broomfield) v HMRC [2018] EWHC 1966 (Admin)
Keith has been involved in challenging HMRC’s FA 2014 powers.  Although HMRC’s notice in Broomfield was upheld that was only after a fundamental climbdown by HMRC two weeks before the hearing.  Previously, HMRC had wanted the claimants to abandon their Tribunal appeals in their entirety.  They eventually conceded that the appeals could proceed as long as the taxpayers abandoned their reserve argument.


HMRC powers


HMRC v Charlton and others [2012] UKUT 770 (TC)
A leading case on discovery assessments.  Keith successfully represented the taxpayers who were challenging HMRC's right to issue a discovery assessment when they had made a full "white space" disclosure on their tax returns.
 
Later discovery cases include:
 
 
A landmark case on HMRC’s information powers.  Keith successfully argued that a Schedule 36 information notice should be set aside as HMRC had no reason to suspect an underpayment of tax (their case was too speculative).


Later cases involving information powers include:


Procedural matters

Keith represented the taxpayer in a case which considers what is and what is not part of a taxpayer's tax return and the correct form of enquiry that should be opened by HMRC if they wish to challenge a claim for tax relief.

INVERCLYDE PROPERTY RENOVATION LLP CLACKMANNANSHIRE REGENERATION LLP v HMRC [2019] UKFTT 0408 (TC)
Keith persuaded the Tribunal that HMRC’s investigations into two LLPs had been flawed as they had been conducted using the wrong statutory procedures.
Costs

HMRC v Mr Ryan Gardiner(1) Mrs Anne Gardiner(2) Mr Michael Gardiner(3) [2018] EWHC 1716 (QB)
Having previously persuaded the Tribunal that HMRC’s conduct had been unreasonable, Keith persuaded the High Court that HMRC’s objections to paying the taxpayers’ costs were flawed.  HMRC had unsuccessfully invoked the indemnity principle because legal fees had been paid by the taxpayers’ tax advisers.

 

 

 

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