In exercising best judgment, an HMRC officer must not either guess or be arbitrary. Also, the officer must not act from wrong motives and must not act wholly unreasonably. However, the officer need not be as right as it is possible to be. Although some element of guess-work is inevitable in assessments, in exercising best judgment, HMRC must use any other information available to them to consider whether that information supports that element of guess-work.

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