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 denied the true facts and have failed to provide any evidence of their partnership income. ‘ The commissioners had applied the correct tests. Any such assessment must include an element of guesswork.
David Richards J
[2007] EWHC 1400 (Ch)
Bailii
Taxes Management Act 1970 29((1)
England and Wales
Citing:
CitedRegina v Commissioner of Taxes, ex parte Hooper QBD 1915
The court considered what it was for the Revenue to ‘discover’. It accepted previous judicial statements that ‘discover’ means ‘comes to the conclusion from the examination it makes and from any information it may choose to receive’ or ‘has reason . .
CitedTrautwein 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 . .
CitedBi-Flex Caribbean Ltd v Board of Inland Revenue PC 1990
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 . .

These lists may be incomplete.
Updated: 31 January 2021; Ref: scu.253580