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Archives - August 2018

Positano v. R. – TCC: Estimate of kilometers driven by an employee was not good enough to support a deduction for a reasonable vehicle allowance
Aug 31, 2018 By Bill Innes
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Précis: The taxpayer and his brother both worked for a family company, Positano Paving. The company did snow clearance in the winter. The brothers shared the job of making “snow runs”, i.e., determining where within the “snowbelt” of Barry, Ontario customers required snow clearance. Snow runs were estimated to be between 90 and 100 kilometres. The brothers took snow runs on alternate days. The company paid them each an allowance of $9,100 as an estimate of the mileage they incurred during the winter season. The taxpayer did not report the amount thinking it was deductible in any event. CRA reassessed the taxpayer for 2012 and 2013 including the full amount in his income and not allowing any offsetting mileage expense. The taxpayer appealed to the Tax Court which dismissed his appeal. The Court held that his estimate of mileage expense was not a “reasonable vehicle allowance” and hence not deductible. There was no order as to costs since this was an informal procedure appeal.
Positano v. R. – TCC: Estimate of kilometers driven by an employee was not good enough to support a deduction for a reasonable vehicle allowanceREAD MORE »
Hillman v. R. – TCC: Court declines CRA’s application in RRSP strip cases to have Rule 58(1) determinations in respect of prior prosecutions of the promoters of the RRSP strips
Aug 09, 2018 By Bill Innes
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Précis: The taxpayers were all reassessed in respect of what CRA alleged were RRSP strips. The promoters of those strips were convicted in two separate criminal proceedings. CRA sought to have the Court make a determination under Rule 58 either that the taxpayers could not dispute the factual findings in one of the two criminal cases (the Kendall decision) on the basis of the abuse of process doctrine or, in the alternative, that the factual findings in the Kendall decision were prima facie evidence of the facts and conclusions listed in the Crown’s Reply. Justice Russell held that neither of the Crown’s proposed remedies were appropriate uses of Rule 58(1) and dismissed the application with one set of costs to the Appellants in accordance with the Tariff.
Hillman v. R. – TCC: Court declines CRA’s application in RRSP strip cases to have Rule 58(1) determinations in respect of prior prosecutions of the promoters of the RRSP stripsREAD MORE »
MacDonald v. R. – FCA: An intention to hedge is not a condition for hedging
Aug 03, 2018 By Bill Innes
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Précis: This case turned on the treatment of cash settlement payments of $9,936,149 made by Mr. MacDonald on a derivative contract in his 2004-2007 taxation years. Mr. MacDonald treated them as business losses, CRA assessed them as capital losses on a hedge of Bank of Nova Scotia shares owned by him. The Tax Court allowed Mr. MacDonald’s appeal and CRA appealed to the Federal Court of Appeal. The Court of Appeal allowed CRA’s appeal, with costs, holding that the Tax Court had erred in failing to follow the recent Tax Court decision in George Weston Limited v. The Queen, 2015 TCC 42 [George Weston].
MacDonald v. R. – FCA: An intention to hedge is not a condition for hedgingREAD MORE »
Fortnum v. R. – TCC: Taxpayer entitled to tax credit on tuition paid for 10 compulsory courses as part of a summer semester foreign MBA program
Aug 01, 2018 By Bill Innes
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Précis: The taxpayer pursued a one year MBA program at Notre Dame University in Indiana. At issue was the tuition of $21,577 CAD she paid for the summer semester in 2014. CRA denied the tuition tax credit on the basis that she paid for 10 separate courses in the summer semester and that the foreign tuition tax credit only applied to tuition for “a course”. Smith J. rejected the Crown’s arguments and allowed the taxpayer’s appeal. There was no order as to costs since this was an informal procedure appeal.
Fortnum v. R. – TCC: Taxpayer entitled to tax credit on tuition paid for 10 compulsory courses as part of a summer semester foreign MBA programREAD MORE »

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