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This decision in my own penalty appeal emphasises the importance of HMRC keeping an open mind and not pursuing to a full appeal hearing a “myopic” belief that the taxpayer has behaved dishonestly. This belief, said the judge, fed into the evidentially unsupported and opportunistic allegation of perjury that was put to me in cross-examination during the hearing.

Read the costs decision of Judge Geraint Jones QC here. The decision of Judge Jones QC in the substantive appeal is available here.

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