The general burden falls upon a tax payer to provide the information to allow a tax assessment to be made: ‘The element of guess-work and the almost unavoidable inaccuracy in a properly made best of judgment assessment, as the cases have established, do not serve to displace the validity of the assessments, which are prima facie right and remain right until the taxpayer shows that they are wrong and also shows positively what corrections should be made in order to make the assessments right or more nearly right. It is also relevant, when considering the sufficiency of evidence to displace an assessment, to remember that the facts are peculiarly within the knowledge of the taxpayer.’
Judges:
Lord Lowry
Citations:
(1990) 63 TC 515
Jurisdiction:
Commonwealth
Citing:
Cited – Trautwein v Federal Commissioner of Taxation 9-Sep-1936
(High Court of Australia) Latham CJ considered how the Inland Revenue might make an assessment of a taxpayer’s income and said: ‘In the absence of some record in the mind or in the books of the taxpayer, it would often be quite impossible to make a . .
Cited by:
Cited – Pegasus Birds Ltd v Commissioners of HM Customs and Excise CA 27-Jul-2004
The taxpayer complained that the assessment imposed by the Commissioners was wholly unreasonable, and void. The tribunal had found the assessment wholly unreasonable, but the High Court had allowed the Commissioners’ appeal.
Held: There was no . .
Cited – Momin and others v HM Revenue and Customs ChD 15-Jun-2007
The appellants challenged an assessment to income tax, saying that they had not been supported by a bona fide discovery of any loss of tax, and was otherwise unsupported by evidence.
Held: ‘The appellants have over a period of many years . .
Lists of cited by and citing cases may be incomplete.
Taxes Management
Updated: 16 May 2022; Ref: scu.200235