HMRC was represented by Mr Mark Radcliffe of HMRC Bishops Stortford’s Appeals and Reviews office together with Mr Gary Reid from HMRC Local Compliance, Tolworth, Surrey. Kevin Kinsella Jnr Snr of KinsellaTax submitted an application for the Tribunal to make a direction that a closure notice be issued within a specified period be granted. He stated that as far as his submission was concerned HMRC had been given sufficient time and information to come to a decision as to what was needed to be done in connection with the ongoing case. He contended that an almost two-year tax investigation by HMRC was time-consuming, expensive and, for the amount of money involved, uneconomical.
Mr Gary Reid – the team leader based at Tolworth, Surrey – stated in evidence there were a number of concerns still outstanding that HMRC had. When asked by the Tribunal Judge to persuade him that HMRC would be jeopardised if a notice was issued Mr Gary Reid became tongue-tied and could not answer the Judge. After a further submission by Kevin Kinsella Jnr Snr an order was made that a closure notice should be issued within three months of the direction being given.
The Tribunal Judge had asked HMRC if they had issued notices to produce documents and Mr Read said HMRC had not issued any notices. The Tribunal Judge was slightly critical insofar as the way HMRC had conducted the case. After the trial Mr Kinsella said that the problem was in this case lower grade workers had been employed to do a job that was clearly beyond their experiences and ability – hence the matter had dragged on for almost two years.
If you are under investigation and think it is dragging on unnecessarily or your tax investigation has been completed and you are not happy with the outcome, contact KinsellaTax to see if a First Tier Tax Tribunal is the next best step for you.