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Legal 500, 2018

10 October 2013

FTT Decision: Fenech v SOCA

INCOME TAX AND NICs – tax assessments and penalty assessments – whether SOCA had reasonable grounds to suspect income accruing to appellant due to criminal conduct so that s. 317(1)(a) Proceeds of Crime Act 2002 applied giving it jurisdiction – yes – whether tax assessments for 2004/05 and 2005/06 raised timeously – yes – was cash received by appellant by way of income – yes – whether quantum of tax assessments correct – yes – whether level of penalties excessive – no – appeal dismissed.

David Yates acted for the National Crime Agency.

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