## Facts

- Mr. Wilkinson, a taxpayer, requested the Inland Revenue to grant him a concession similar to that previously extended to another taxpayer in comparable circumstances.
- The Inland Revenue refused his request, citing that the earlier concession had been made in error and that there was no obligation to repeat it.
- The case highlighted the tension between allowing flexibility through concessions and ensuring equal application of tax law among all taxpayers.

## Issues

1. Whether the Inland Revenue could lawfully refuse a concession to Mr. Wilkinson, having granted a similar concession to another taxpayer in the past.
2. Whether public bodies may depart from statutory rules through non-statutory concessions.
3. Whether administrative discretion in tax matters must be exercised consistently and in accordance with legal standards.

## Decision

- The House of Lords held that the Inland Revenue could not create or grant concessions arbitrarily and without clear limits.
- Concessions may be useful for managing complex tax systems, but such discretionary powers must be exercised fairly and uniformly.
- The Revenue could not treat similarly situated taxpayers differently or use past mistakes as justification for inconsistent application.
- The decision confirmed that the Revenue's role is not to make new rules but to moderate strict legal enforcement in justified, specific cases.

## Legal Principles

- Discretionary powers of public bodies, such as the Inland Revenue, must be exercised consistently, according to established legal standards.
- Concessions that depart from statutory tax rules must still comply with legality, fairness, and equal treatment principles.
- Past conduct by public bodies, even if mistaken, may obligate them to act similarly in identical future cases to prevent inconsistent or arbitrary actions.
- The need for transparency, equal treatment, and judicial review of inconsistent public body decisions is central to fair tax administration.

## Conclusion

The House of Lords in R v IRC, ex parte Wilkinson affirmed that while tax authorities may exercise discretion through concessions, such powers are bound by principles of fairness, legality, and consistency, thereby safeguarding taxpayers from arbitrary or unequal treatment by public bodies.


R v Inland Revenue Commissioners, ex parte Wilkinson [2005] UKHL 30