“…CA 624 (“Khan”), and Ingenious Games v HMRC [2019] UKUT 266 (TCC) (see UT [67]-[76]). (The Court of Appeal has since considered an appeal against the latter at [2021] EWCA Civ 1180, but not on the issues which are said to be relevant to this appeal.)…”
“…bunal (“the FTT”) at [2016] UKFTT 521 (TC) and [2017] UKFTT 429 (TC), that of the Upper Tribunal (“the UT”) at [2019] UKUT 226 (TCC), and that of this Court at [2021] EWCA Civ 1180. For present purposes it is sufficient to say that the FTT decided among other things that, on a true analysis of what the LLPs did, their operations were cond…”
“… in FA & AB Ltd v Lupton (Inspector of Taxes) [1972] AC 634 at 647; see too the judgment of this court in Ingenious Games LLP v Revenue & Customs Commissioners [2021] EWCA Civ 1180, [2021] STC 1791, at [98]. Indeed, the premise upon which the wholly and exclusively issue arises is that there was a genuine trade for tax purposes being carr…”