Dodd & ors v HM Revenue & Customs
Tuesday 14 – Thursday 16 November 2023
By five appellant’s notices filed on 22 November 2022, the appellants (the “IP Appellants”) appeal, with the part permission of Upper Tribunal (Tax and Chancery), their decision of 22 July 2022, whereby they dismissed the IP appeals and determined, in respect to the procedural applications, that they had no jurisdiction to entertain the Consequential Issues and even if they had jurisdiction, they should refuse the IP Appellants permission to include the Disputed Paragraphs in their Grounds of Appeal.
The UT decision of 22 July 2022 relates to appeals brought against findings made by the First-tier Tribunal in its decision released on 17 July 2020. The decision dealt with the following:
1 -HMRC’s appeal against the decision to allow the appeals of BlueCrest Capital Management LP (“BCM LP”), BlueCrest Capital Management LLP (“BCM LLP”) and BlueCrest Capital Management (UK) LLP (“BCM UK LLP”) (together the “Partnership”) against amendments to the Partnership’s tax returns made by various closure notices. In those closure notices HMRC challenged the Partnership’s tax treatment of profit allocations made pursuant to the Partner Incentivisation Plan (“PIP”) operated by the Partnership (the “PIP Appeals”).
2 – Mr Andrew Dodd, Ms Leda Braga, Mr Simon Dannatt, Mr Michael Platt and Mr Jonathan Ward, who were all individual partners in the Partnership, (the “IP Appellants”) appealed against the FTT’s decision to dismiss their appeals against amendments to the IP Appellants’ tax returns made by various closure notices issued in August 2018.
3 – HMRC’s application to strike out certain paragraphs of the IP Appellants’ Grounds of Appeal or, alternatively, apply for a direction that the IP Appellants require permission to appeal in the IP Appeals and the IP Appellants resisting the application, and alternatively seeking permission to appeal (the “Procedural Applications”).
4 – The IP appeals – The IP Appellants appealed against the findings of the FTT in favour of HMRC on the Miscellaneous Income Issue and the Sale of Occupational Income Issue.
The UT determined the Miscellaneous Income Issue and the Sale of Occupational Income Issue in favour of HMRC and dismissed the IP Appeals.
HMRC appeal the same UT decision, dismissing PIP appeals.
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Day 2
Day 3