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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: That is the reason.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: Is the Tax Appeals Commission completely independent?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: Does Revenue not refer cases?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: What about the cases that end up in the High Court?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: Yes. What about the taxpayer who has had an assessment raised against him or her? Why must he or she carry the burden of his or her case against the might of the appeals commission?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: Or the appeal commission against them.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: Who lodges the appeal in the High Court? Is it the Revenue Commissioners?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: What if the Revenue Commissioners lodge an appeal in High Court then Revenue is casting the Revenue Commissioners' estate against that individual?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: What about the circumstances of that individual?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: Yes, or it could be an individual with no resources.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: That is what I am focusing on.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: The case could be classified as a test case.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: It seems unfair that the Revenue Commissioners, who want to establish their point of law over the individual's point of law or view of, have the resources but hand he or she does.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: The case that I read about does.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: Revenue's winning of this case would be a setting of a precedent, so it can rely on it.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: An individual with no means has to pay his or her costs. He or she is not assisting Revenue but is the guinea pig in this High Court case and Revenue is the one that is testing it. If Revenue wins, the precedent is set and the law has been tested, but the man is broken and his family is broken. With the amount of money involved, it was not fraud or anything like that. In fact, the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: I read the particular case and it struck me that I would hate to be picked on by Revenue just so it can clarify its position and I would end up in court.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: That is true. That is it from me. I thank the witnesses for bearing with us. I had to leave and I did not realise they had not received a break. The clerk here cautioned me. I thank the witnesses for sticking with us. I thank the officials for attending. It has been very informative.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

John McGuinness: I know.

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