UKFTT 80 (2009) Adams v HMRC

Whether there had  been a valid election under S138ACGA 1992. Whether an assessment on the basis of negligence also admitted the election - Taxpayer won.

Case Summary:

This case was about whether there had been a valid election and although there was no explicit document describing itself as an election the only way the figures in the tax return made sense was to assume an election had been made. Also as the assessment had been made on the basis of negligence S36(3) TMA 1970 admitted a late election.