The recent High Court (the "Court")
decision in Thomas McNamara v The Revenue Commissioners
has again emphasised the importance of taking due care when
preparing for appeals before the Tax Appeals Commission
("TAC").
The McNamara case also provides some interesting
commentary on the circumstances in which an officer of the Irish
Revenue Commissioners ("Revenue") can
validly raise an amended assessment outside the general four year
time limit.
Background
The McNamara case was a case stated from a TAC
determination, where before TAC, the essential question was whether
the sale of a site was the sale of development land for capital
gains tax purposes.
The Court ultimately upheld the TAC determination on the
substantive issue and, as part of its decision, also affirmed two
interesting aspects of the TAC determination (as outlined
below).
