DeGennaro v. R. - TCC: Another Fiscal Arbitrator type case down in flames

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http://decision.tcc-cci.gc.ca/tcc-cci/decisions/en/item/144186/index.do

DeGennaro v. The Queen (May 2, 2016 – 2016 TCC 108, Owen J.).

Précis: This is another in the long line of Fiscal Arbitrator type decisions. Mr. DeGennaro unsuccessfully attempted to claim roughly $700,000 in business losses and was assessed a gross negligence penalty of roughly $100,000. His appeal of the penalty was dismissed, with costs to the Crown.

Decision: I have written previously that I do not intend to blog Fiscal Arbitrator type decisions in any detail since in my view they have no intellectual interest. Justice Owen’s review of the law respecting gross negligence penalties is very thorough but this area has been covered many times before.

About the Author

Bill Innes

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William (Bill) Innes has practiced in the areas of tax litigation, taxation and estates and trusts since 1975. His practice includes all aspects of dispute resolution in taxation matters under both federal and provincial legislation, but with a special emphasis on appeals under the Income Tax Act (Canada). In addition, Bill acts as counsel in matters of estate and trust law and serves as an advisor to large charitable and non-profit institutions on issues of trusts, estates and taxation. He frequently appears as counsel before the Tax Court of Canada, the Federal Court and the Federal Court of Appeal.

For advice on tax litigation matters contact Bill:

WILLIAM I. INNES

email: william.innes@williaminnes.ca
416-869-2204
www.williaminnes.ca

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Bill is listed and recognized in the 2020 edition of Best Lawyers in Canada; Lexpert/ROB Special Edition 2020 – Canada’s Leading Litigation Lawyers; 2020 Canadian Legal Lexpert Directory - Consistently Recommended - Litigation - Corporate Tax; and Canadian Who’s Who.

Bill is also AV Peer and Judicial Review Rated according to Martindale-Hubbell (Preeminent), its highest level of professional ranking.

Bill is a member of the Editorial Boards of the Canadian Tax Journal and Tax Litigation and a past member of the Editorial Boards of the CCH Canadian Tax Reporter and the CCH Annotated Income Tax Act.

Bill is the author or co-author of several legal texts and numerous articles, including:

Tax Evasion, William I. Innes. (Scarborough, Ont.: Carswell, 1995 - Looseleaf).

The essential GAAR manual: policies, principles and procedures. William I. Innes, Patrick J. Boyle, Joel A. Nitikman. (Toronto: CCH Canadian, 2006).
Charities, non-profits and philanthropy under the Income Tax Act, William I. Innes, Patrick J. Boyle. (Toronto: CCH Canadian: Fraser Milner Casgrain, 2006).
Federal tax practice, William Innes & Brendan Bissell, (Toronto: CCH Canadian, 2007).

Bill was a member of the International Academy of Estate and Trust Law from 1992 to 2012.

DeGennaro v. R. - TCC: Another Fiscal Arbitrator type case down in flames

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