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Tax Litigation

Archives - April 2016

Posts tagged "Tax Litigation"

David v. R. - TCC: Business carried on by corporation, not taxpayer - gross negligence penalties vacated
Apr 22, 2016 By Bill Innes
Categories:
Précis: Mr. David was one of thousands of Canadians involved in a pyramid scheme known as Treasure Traders International (“TTI”). CRA reassessed him for 2004 for $21,000 of unreported commission income from TTI and imposed gross negligence penalties. His position was that the business was carried on by his company, M.S.J Services Ltd. (“MSJ”), and that the expenses of the business exceeded any commission income earned. The Tax Court accepted his evidence that the business was carried on by MSJ, vacated the penalties and allowed the appeal.
David v. R. - TCC: Business carried on by corporation, not taxpayer - gross negligence penalties vacatedREAD MORE »
Cridge v. R. - FCA: The Income Tax Act is not unconstitutional
Apr 15, 2016 By Bill Innes
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Précis: Ms. Cridge was denied the deduction of certain expenses and a bad debt. Before the Tax Court she argued unsuccessfully that the Income Tax Act (the “Act”) was unconstitutional. Her appeal to the Federal Court of Appeal was dismissed from the bench with costs of $500 to the Crown.
Cridge v. R. - FCA: The Income Tax Act is not unconstitutionalREAD MORE »
Korfage v. R. - TCC: Minister entitled to use 2010 currency conversion rate, not running average
Apr 06, 2016 By Bill Innes
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Précis: This is an extremely esoteric case. The taxpayer was entitled to a US$12,024 exemption in 2010 on a pension received from the International Civil Aviation Organization. The entire issue before the Court was whether the rate of exchange to be applied in determining the amount of that exemption was the 2010 average exchange rate (which was used by the Minister) or an average rate for the 36 month period prior to and including September 2000 (as contended by the taxpayer). The Court concluded that the Minister’s approach was appropriate and dismissed the appeal. There was no order as to costs since this was an informal procedure appeal.
Korfage v. R. - TCC: Minister entitled to use 2010 currency conversion rate, not running averageREAD MORE »
Tse-Lam v. R. - TCC: Assessment of undisclosed foreign rental income upheld
Apr 04, 2016 By Bill Innes
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Précis: The taxpayer failed to disclose rental income in 2006, 2007 and 2008 arising in Hong Kong from a trust connected with the estate of her late mother. In 2010 she filed, through her accountant, a voluntary disclosure and was assessed tax and interest but not penalties. She appealed the assessment to the Tax Court, essentially arguing that the amounts should not be taxable in Canada. The Tax Court dismissed the appeal with costs fixed conditionally at $250.
Tse-Lam v. R. - TCC: Assessment of undisclosed foreign rental income upheldREAD MORE »

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