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G Usher & M Perkins, executors of T Guy deceased v HMRC

In G Usher & M Perkins executors of T Guy deceased v HMRC [2016] UKFTT 50 (29 January 2016) the FTT reduced a penalty for failure to report taxable income to nil.

Terence Guy had died on 15 October 2012 and his executors had filed a return which covered the period from 6 April 2012 to the day of his death. They had underdeclared the income for that period and HMRC had imposed a penalty which the executors were appealing against.

The FTT observed that it was not its function or HMRC’s obligation to relieve the appellants of the results of their choice to undertake their work as executors without professional assistance. Their inexperience should therefore be disregarded. However the FTT also found that HMRC’s categorisation of the error as deliberate had been made without adequate consideration of the case particularly since the executors had...

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