Archives - 2018

Posts tagged "Income Tax Act"

Ngai v. R. – TCC: Realtor has mixed success on expenses claimed
Feb 23, 2018 By Bill Innes
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Précis: The taxpayer was a real estate broker. He reported gross commission income of $154,678 in 2005 and $380,953 in 2006. CRA denied roughly $75,000 in expenses claimed by the taxpayer in 2005 and roughly $200,000 claimed in 2006. CRA allowed some deductions (the “Conceded Expenditures”) which are set out in detail in paragraph [116] of the decision. The Court allowed roughly $3,000 in additional expenses and some additional depreciation on a camcorder and accessories. There was no order as to costs since the success was mixed.
Ngai v. R. – TCC: Realtor has mixed success on expenses claimedREAD MORE »
Isah v. R. – TCC: Appeal of fictitious charitable donations dismissed
Feb 22, 2018 By Bill Innes
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Précis: The taxpayer claimed charitable donations in each of 2009, 2010 and 2011 to World Vision Canada and Heart and Stroke Foundation of Canada. CRA denied the donation claims and imposed gross negligence penalties for the 2011 taxation year. The taxpayer’s appeal to the Tax Court was dismissed. There was no order as to costs since this was an informal procedure appeal.
Isah v. R. – TCC: Appeal of fictitious charitable donations dismissedREAD MORE »
Chaisson v. R. – FCA: Tax Court found RRSP investments ineligible – FCA does not overrule
Jan 12, 2018 By Bill Innes
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Précis: Ms. Chaisson transferred funds from her old RRSP to a new one. CRA challenged the transfer on the basis that the investments of the new RRSP were ineligible. The Tax Court dismissed her appeal and she appealed to the Federal Court of Appeal. The Court of Appeal found that the decision of the Tax Court did not disclose any reversible errors and dismissed Ms. Chaisson’s appeal with costs.
Chaisson v. R. – FCA: Tax Court found RRSP investments ineligible – FCA does not overruleREAD MORE »
Kim v. R. – TCC: Another Fiscal Arbitrators appeal dismissed with costs to the Crown
Jan 11, 2018 By Bill Innes
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Précis: Mr. Kim claimed business losses in 2009 and 2010 when he did not in fact carry on any business activities and used those losses to attempt to shelter his income from employment with Bombardier in those years and in 2006, 2007 and 2008. As has been the case in all of the reported Fiscal Arbitrators decisions his appeal was dismissed. The Tax Court found that gross negligence penalties were applicable and awarded $5,000 in costs to the Crown.
Kim v. R. – TCC: Another Fiscal Arbitrators appeal dismissed with costs to the CrownREAD MORE »
Norris v. R. – TCC: Taxpayer subject to tax on shareholder benefits – explanation of corporate payments not accepted
Jan 10, 2018 By Bill Innes
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Précis: Mr. Norris was assessed for shareholder benefits in respect of amounts he received from his operating corporation: [1] These are appeals in the informal procedure from reassessments of the Appellant’s 2005, 2006, 2007 and 2008 taxation years. The Appellant is disputing the inclusion of amounts in his income in those years as shareholder benefits received from his corporation “Golden Hinde Cable Services Ltd.” (the “Corporation”). The amount included as shareholder benefits was $63,808 in 2005, $50,887 in 2006, $51,524 in 2007 and $30,730 in 2008. He argued that the amounts were reimbursements of expenses incurred by him on behalf of the corporation. The Tax Court rejected his evidence and dismissed the appeal apart from some small concessions made by the Crown. There was no order as to costs since this was an informal procedure appeal.
Norris v. R. – TCC: Taxpayer subject to tax on shareholder benefits – explanation of corporate payments not acceptedREAD MORE »
Lynch v. Canada – FCA: Court upholds dismissal of appeal for abuse of process by taxpayer
Jan 09, 2018 By Bill Innes
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Précis: The Tax Court dismissed Mr. Lynch’s appeal on the basis of abuse of process after he refused to answer written discovery questions notwithstanding warnings from the Court at two case management hearings. Mr. Lynch appealed to the Federal Court of Appeal which upheld the Tax Court decision, finding no reversible error. The Crown did not seek costs so none were awarded.
Lynch v. Canada – FCA: Court upholds dismissal of appeal for abuse of process by taxpayerREAD MORE »

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