Archives - juin 2015

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  Abeilles Service de Conditionnement Inc. v. R. - TCC: Research on dryer sub-assembly was SRED

  30 juin 2015 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Corporate Tax
  • Federal Income Tax

  Précis: At issue in this appeal were four research projects in respect of which CRA had denied SRED credits. Three of the projects concerned the partial sub-assembly by the appellant for Mabe (a company 49% owned by General Electric) of dryers for sale by General Electric.
  Abeilles Service de Conditionnement Inc. v. R. - TCC: Research on dryer sub-assembly was SREDPlus >
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  De Santis v. R. - TCC: Court rejects CRA’s reduction (factor of 3.2) in the value of donated wine

  29 juin 2015 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Personal Tax, Estate & Wealth Planning

  Précis: Mr. DeSantis made donations of rare wine to a Gatineau charity in each of 2009, 2010 and 2011. The wines were valued in each case by Alain Laliberté, a wine appraiser and sommelier with a degree from the Faculté d’œnologie de Bordeaux.
  De Santis v. R. - TCC: Court rejects CRA’s reduction (factor of 3.2) in the value of donated winePlus >
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  Union of Municipalities NB v. R. - FC: Revocation of GST “municipal” status reasonable

  29 juin 2015 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Other

  Précis: Effective July 1, 1997 the Union of Municipalities of New Brunswick (“UNMB”) was granted the status of a “municipality” for GST purposes. UMNB was an organization representing 59 of 105 municipalities of New Brunswick but provided no actual municipal functions.
  Union of Municipalities NB v. R. - FC: Revocation of GST “municipal” status reasonablePlus >
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  Gordon Feil, C.G.A. Ltd. v. R. - TCC: Payments to “corporation sole” a mere conduit to tax debtor

  26 juin 2015 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Personal Tax, Estate & Wealth Planning

  Précis: Gordon Feil, C.G.A. Ltd and Leslie Feil, C.G.A. Ltd., carried on a joint venture as Feil & Co. Gordon and Leslie Feil were brothers. Each corporation received requirement to pay in respect of Gordon Feil in respect of a tax debt of $93,645.
  Gordon Feil, C.G.A. Ltd. v. R. - TCC: Payments to “corporation sole” a mere conduit to tax debtorPlus >
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  Mosly v. R. - TCC: Taxpayer embezzled amounts in 1999, alleged thefts in 2003 and 2004 not proven

  25 juin 2015 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Personal Tax, Estate & Wealth Planning

  Précis: Mr. Mosly was assessed for 1999 for $460,000 stolen from a business client. The Court did not accept his explanations and dismissed his appeal. He was also assessed for 2003 and 2004 in respect of amounts he allegedly embezzled from two companies of which he was a 50% shareholder along with a former friend with whom he became involved in messy litigation.
  Mosly v. R. - TCC: Taxpayer embezzled amounts in 1999, alleged thefts in 2003 and 2004 not provenPlus >
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  Watts v. R. - FCA: No appeal of 2007 taxation year - matter res judicata

  25 juin 2015 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Federal Income Tax
  • Personal Tax, Estate & Wealth Planning

  Précis: The taxpayer filed a Notice of Appeal dated January 9, 2012 of his 2007 taxation year. The matter was heard before Campbell J. of the Tax Court who struck the appeal.
  Watts v. R. - FCA: No appeal of 2007 taxation year - matter res judicataPlus >
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  Kruger Inc. v. R. - TCC: Only “financial institutions” can mark foreign exchange options to market

  23 juin 2015 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Corporate Tax
  • Federal Income Tax

  Précis: Because of its exposure to currency risk in multiple jurisdictions Kruger Incorporated (“Kruger”) started an aggressive risk management program using foreign exchange options. The program expanded to the point that they had a foreign exchange desk in house similar to that found in mainstream investment houses.
  Kruger Inc. v. R. - TCC: Only “financial institutions” can mark foreign exchange options to marketPlus >
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  Re Pallen Trust – Taxpayer’s obtains rescission when plans scuppered by Sommerer case

  23 juin 2015 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Other

  This commentary is provided by guest contributor, Rebecca Jones, of Lenczner Slaght LLP. The areas of rectification and rescission are closely related and are among the most important recent adjuncts to tax litigation outside the context of statutory tax appeals.
  Re Pallen Trust – Taxpayer’s obtains rescission when plans scuppered by Sommerer casePlus >
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  MNR v BP Canada - FC (Blog 2): You Can't Always Get What You Want--Unless You're the CRA

  22 juin 2015 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases

  This guest commentary is provided by guest contributors, Andrew Skodyn and Scott Rollwagen, of Lenczner Slaght LLP.
  MNR v BP Canada - FC (Blog 2): You Can't Always Get What You Want--Unless You're the CRAPlus >
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  Superior Plus v. R. - TCC: Crown ordered to produce extensive material underlying GAAR assessment

  22 juin 2015 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Corporate Tax
  • Federal Income Tax

  Précis: This is an example of procedural sparring in a large GAAR case where the taxpayer clearly emerged the victor at least in the initial stages in the Tax Court. The underlying transaction was the conversion of an income trust to a corporation, a conversion that was facilitated by amendments to the Income Tax Act several years ago:
  Superior Plus v. R. - TCC: Crown ordered to produce extensive material underlying GAAR assessmentPlus >