More key information from FTT report for Nimmo Smith Commission

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The enormity of the forthcoming SPL Commission report could easily be lost in the ocean of headlines which has engulfed this matter in recent years.  I’ve noted below more information from the recent First Tier Tribunal report on Rangers tax case, in an attempt to clarify some of the key issues.

From The Evidence:

“The Appellants’ first witness was Mr Red, a senior member of the group’s tax function.  He is a Chartered Tax Advisor and qualified as a tax inspector previously to joining the Appellants.”

“Mr Red insisted in his evidence that the Trust was not a means of “tax avoidance””.

“It was noted in an internal memo prepared by Mr Red dated 8 September 2005 to the Board of MIH that he had described the Trust as a form of “tax avoidance scheme””.

Dissenting opinion from Ms Poon:

The Nature of the Side-letters
“Another strand of evidence being tested was the nature and purpose of the side-letters.  Asked about the secrecy surrounding the side-letters, referring to the fact that they were not lodged with the SFA, nor disclosed in the long period of HMRC’s enquiry, Mr Red’s reply was: ‘I still say there is nothing secret about them. We have nothing to hide in these side letters’.

“It is not accepted that there had been no deliberate concealment of the side-letters, in view of how the first side-letter only came to light through the seizure of Mr Berwick’s file nearly four years into the enquiry.

“It is not accepted that the nondisclosure of the side-letters arose from a ‘credible’ view that Mr Red considered the side-letters irrelevant to HMRC’s enquiry. As a former Inspector of Taxes, Mr Red knew, or should have known, that the side-letters were highly relevant to the enquiry.”

“The side-letters showed a form of contractual arrangement, and they proved linkage between the sums contributed into the sub-trusts at the appointed dates and their withdrawal as loans from the sub-trusts as contemporaneous transactions. The contractual aspect and the linkage between the amounts of contributions to the main Trust and the sums loaned had been repeatedly raised in the enquiry correspondence.

“A fair conclusion to be drawn from the circumstantial evidence on the one hand, and Mr Red’s oral evidence on the other, is that the side-letters had been actively concealed. The reason for the concealment might have been, in Mr Red’s view, the side-letters could be incriminating evidence against the impression of the trust operation that he had been trying to give.”

“While not denying the proposition put to him by the Respondents that ‘there’s an overarching contract with each of the footballers, consisting of the written contract and the side letters’, Mr Red maintained that ‘it’s our view that the side-letter or the letters of undertaking do not need to be registered or lodged with the SFA’ (Day 3/31-32).”

So, in evidence, Rangers witness Mr Red, did not deny the proposition that there was an overarching contract with footballers consisting of the declared contract and side-letters, but “it’s our view” that side-letters did not need to be lodged with the lodge SFA.  Ms Poon suggests a fair conclusion is the side-letters were “actively concealed” as they could be “incriminating evidence”.

The SFA has issued disciplinary action against many clubs for erroneous registration but no club has ever faced a charge of actively concealing information necessary for proper registration.

The SFA president was a working director of Rangers when “our view” was established and was legally responsible for the club’s actions.  As I noted yesterday, but, frankly, can still not comprehend, on publication of this report the president announced himself “somewhat vindicated” by its contents.

Majority opinion:

John McClelland became a board member of Rangers in 2000 (legally responsible for conduct and oversight) and according to Wikipedia held senior board level positions in the electronics industry.  He was also a director of the SPL (legally responsible for conduct and oversight) between the company being formed 1997 and 2008.

The majority opinion, which favoured Rangers position in regards to income tax, noted the following about Mr Indigo, who was “a board member of Rangers since 2000. His previous career was in industry, latterly serving in senior executive roles.”

Mr Indigo “acknowledged that he was, however, aware of the overall content of arrangements made with players and did not consider these to be “secret”. He believed that the Trust had been used to pay appearance money and bonuses.”

According to rules established by SPL directors, including Mr McClelland, money paid in connection with football, including appearance money, has to be registered with the league.  It also has to be registered with the SFA.

When the Lord Nimmo Smith Commission reports, we will discover if this is what passes as vindication in Scottish football, or if a senior officeholder of the SFA, and others, will be dismissed in disgrace and banned, sine die, from the game.

We are busy pulling the next issue of CQN Magazine together.  If you would like to write an article, or take out some advertising , get in touch, article@cqnmagazine.co.uk.
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748 Comments

  1. jude2005 is Neil Lennon \o/

     

    22:04 on

     

    26 February, 2013

     

    Emdae get the feeling they are going to squirm out of the Lord Nimmo enquiry?

     

    ======

     

    I try to fight it but I am a pessimist.

  2. Silly? Aye, you’re probably right. But plenty of my Spanish neighbours seem to think the same – a magnificent team for sure but their players are making mistakes this year that are costing them goals. The well-oiled Pep machine is starting to show signs of wear and tear.

  3. See, coz we’re no talkin’ about Our Celtic, we can have at it: I had this flash the other night that Barça are coming to an end of an era.

     

    Teams have learned how to cope with this ‘tiki taki’ stylee. Lookin’ more and more like The Kon Tiki.

     

    Hehehehehe……ah’m havin’ some fun, mischief making.

     

    : > ))

  4. BSR

     

     

    Regards MOTs, what we did was sit in the pub, pay the guy a tenner buy him a pint and hey presto, valid for another year…..certificate produced and filled in on the bar…..simples!

  5. I’d like to see ole Jose back in the EPL.

     

     

    He fairly livens up them dull press conferences.

     

     

    He is not forgiven for you know what by the way.

     

     

    Ever.

  6. Mourinho has lost the plot several times too often. Falls out with everyone – the board, the players, the fans, the officials, the press, his fellow-managers, ball boys etc. etc.

     

    Still the best dressed manager in football though.

  7. Hillman Minx, reg 20 CUS, Passion Wagon, long front seat,column change,nae need tae get intae the back fur the Winchen,went through mare brake fluid than petrol, couldnae afford tae get it repaired,nae Tax cannae mind aboot Insurance, the old Guinness Label wis good as substitute Tax Disc.Those were the days my friends.

     

    Awerabest PJ

  8. BSR- My aul man had a beetle, I took my wife out on our first date in it- the thing used to backfire like hell, like a shotgun going off driving through the middle of Glasgow, she was sitting there totally mortified.

     

    Also the throttle would jam on full when stopped at traffic lights only way to stop the engine roaring was getting out the car and opening up the bonnet (or boot) to pull the cable spring back (without burning my fingers).

     

     

    Meanwhile the frozen cabin would be full of exhaust fumes, I often wonder why we never succumbed to carbon monoxide poisoning.

     

     

    Doors wouldn’t lock, etc etc

     

     

    No wonder Hitler lost the war!

     

     

    You brought back some memories!

     

     

    HH

  9. 'crushed nuts?' 'Naw, Layringitis!' on

    setting free the bears

     

     

    12:00. Embarrassing fan Bodies

     

    Groups of corpulent, ugly billy-nae-mates reveal their embarrassing affiliation to a doctor who unsuccessfully attempts to hide the fact that he’s p1ssing himself laughing.

     

    12:25. Name That Bigoted Tune

     

    Contestants bid to see who gets the opportunity to identify a well known tune played on a flute, points are deducted if participants aren’t dressed like a Japanese admiral or wearing clothes made only from crimplene.

     

    12:45 My Mad Fat Diary

     

    A sad, pathetic misfit attempts to make sense of the world around him. His day is punctuated by group meetings with clumsy, overpaid halfwits and his increasing need to seek solace from steakbakes, empire biscuits and yum-yums.

     

    01:00. Grand Designs

     

    Kevin McLeod meets Chuck and Jim to hear about their plans to convert a seething pile of hate-filled bricks into a world class sports venue complete with floating pitch, casino, hotel, museum and flush toilets. Chuck becomes increasingly irritated by Kevin’s repeated questions about budgets and deadlines. Jim accuses ‘Kevin’ of being a bigot and there’s a surprise appearance by ‘Bomber’!

  10. For a while it seemed to be the kiss of death to be touted for the job at OT , Mark Hughes , Steve Bruce etc . Gordon Strachan would be a real safe pair of hands to take over, as the first man in will be under huge pressure , however Fergie gets to choose and they don’t have a good relationship I believe.

  11. praecepta

     

     

    VW’s!!!!!!!!! – we’ve had loads in the family.

     

     

    The ole man started it with a VW1300 ‘Cherry Red’ body work belter, with a decomposing, chassis that needed more welds, than the Forth Rail Bridge.

     

     

    He’d a knack for buying ‘rotten’ motors, and I think I inherited a gene for likewise,

     

    his role call of rotten motors included as well as umpteen Kubelwagens, a Ford Squire!!!

     

    a Skoda Rapide, and his piste de resistance a Simca *but wait* he topped it for a French double, with a De Chevaux ( brand new colour Vert Jade)

     

     

    Wouldn’t even have made a good hamburger.

  12. This is what hunmedia find is the focal point of where they are at the moment…

     

     

    Who gets to be Broxi? Do they do other jobs for the club? What are the wages like? Is it cushy as f**k.

     

     

    Maybe one us as the wind up surely.

  13. Green Lantern (((((0))))) on

    The previous posts about Beetles brought back some memories. I had an old 1200 Beetle called Adolf, which was as contrary as feck. The heat exchanger wouldn’t work in winter so the car was freezing cold most of the time,but it magically started working in the warm weather and you had to drive with the window open. I always thought it was a Nazi plot.

     

    Mind you in every other way it was reliable as hell and I had mixed feelings when I eventually parted with it.

  14. My first car was a Jaguar xjs sport softop in racing green. It used to get me to Celtic Park in spiffing Time and my driver was first class, a real cad what fnarg wumph

  15. sipsini

     

     

    22:36 on

     

    26 February, 2013

     

    …………

     

    If broxi bear was a donkey inside a bear suit the young manager, super ally would have played him tonight against the mighty Stirling Albion.

     

    Things can only get better….. Ahem mibbee.

     

    V

  16. BSR

     

     

    My Dad was innovative (if nothing else when it came to cars).

     

     

    We had a station-waggon – actually it was a Commer Van with the side-panels cut-out and fitted with windows.

     

     

    No safety-seats, booster cushions, seat belts (air-conditioning consisted of sliding windows) – I used to fight with my 2 sisters to see who got to sit on the boxed-in wheel arches.

     

     

    The day we went to Saltcoats – got a fish tea and an ice cream!

  17. 'crushed nuts?' 'Naw, Layringitis!' on

    vmhan

     

     

    22:46 on

     

    26 February, 2013

     

    sipsini

     

     

    22:36 on

     

    26 February, 2013

     

     

    Broxi bear has been confirmed as the new Dundee interim manager.

  18. NatKnow - "We welcome the paper-chase..." on

    crushed nuts/SFTB –

     

     

    Appreciating these extracts from the Radio Rental Times!

  19. vmhan

     

     

    22:46 on 26 February, 2013

     

     

    The young manager is ageing quickly.

     

    Probably too old for QOSport now.

     

    More fool him.

     

    I think if lns gives an honest verdict it could be the end of thems.

     

    Here’s hoping.

     

    Hail Hail.

  20. A frog goes into a bank and

     

    approaches the teller. He

     

    can see from her nameplate

     

    that her name is Patricia

     

    Whack.

     

     

    “Miss Whack, I’d like to get

     

    a $30,000 loan to take a

     

    holiday.”

     

     

    Patty looks at the frog in

     

    disbelief and asks his name.

     

    The frog says his name is

     

    Kermit Jagger, his dad is

     

    Mick Jagger, and that it’s

     

    okay, he knows the bank

     

    manager.

     

     

    Patty explains that he will

     

    need to secure the loan with

     

    some collateral.

     

     

    The frog says, “Sure. I have

     

    this,” and produces a tiny

     

    porcelain elephant, about an

     

    inch tall, bright pink and

     

    perfectly formed.

     

     

    Very confused, Patty explains

     

    that she’ll have to consult

     

    with the bank manager and

     

    disappears into a back office.

     

     

    She finds the manager and

     

    says, “There’s a frog called

     

    Kermit Jagger out there who

     

    claims to know you and wants

     

    to borrow $30,000, and he

     

    wants to use this as

     

    collateral.”

     

     

    She holds up the tiny pink

     

    elephant. “I mean, what in

     

    the world is this?”

     

     

    The bank manager looks back

     

    at her and says.

     

     

    “It’s a knickknack, Patty

     

    Whack. Give the frog a loan,

     

    His old man’s a Rolling

     

    Stone.”

     

     

    could someone get my coat.

  21. masons wanted a big favour, worst administrators ever seen and a promotion for

     

    the for the man who presided over an admin farce, and again what happened to the report from admins to his now supreme hodge.

  22. Is it just a coincidence that we have heard nothing from Chuckles in recent weeks?

     

     

    Is it merely due to the recent fallout with Murray and their ‘reconciliation’ has resulted in him acting more like a CEO of a PLC or does he think the game is almost up an is just waiting

     

    on the publication of the LNS report to seal Sevco’s fate? Or is this just wishful thinking on my part?

  23. jude2005 is neil lennon \o/

     

     

    22:14 on

     

    26 February, 2013

     

    googy

     

     

    Hope juve do next week. o))

     

     

     

     

    ……………..

     

     

    Lets hope so. Still fancy us to score a couple over there.

  24. Just watched the Stirling equaliser on SSN … Lol ………aye lol …. It good to be a Tim … And so to bed goodnight and ghod bless us one and all….