Crocket v. R. – TCC: Taxpayer entitled to deduct losses from rental property – Court finds predominant intention was to earn a profit

Oct 28, 2019 By Bill Innes

Précis: The taxpayer deducted operating losses from “a vacation rental home, owned by the Appellant’s mother but rented by the Appellant, located in Tulameen, British Columbia. The amounts of claimed losses in issue were $28,938.34 in 2013 and $25,903.43 in 2014.” [Para. 1]. The taxpayer was self-represented. The Court found that the taxpayer’s predominant purpose was to earn a profit from the rental property and accordingly allowed him to deduct the losses in full. There was no order as to costs since this was an informal procedure appeal.
Crocket v. R. – TCC: Taxpayer entitled to deduct losses from rental property – Court finds predominant intention was to earn a profitREAD MORE »

1717398 Ontario Inc. O/A Lost Forest Park v. R. – TCC: Corporate income did not meet the threshold to qualify for small business deduction

Oct 23, 2019 By Bill Innes

Précis: The taxpayer operated a RV/Mobile Home campsite from April to October and, for a fee, campers could keep their RV/Mobile Home on site during the off-season. The taxpayer earned campsite fees, storage fees and, later, fees as a dealer of mobile units. The Court found that the campsite activity did not cross the threshold from property income to income from the provision of services. As a result, the taxpayer was a specified investment business (SIB) not entitled to the small business deduction (SBD). The appeal was therefore dismissed with costs.
1717398 Ontario Inc. O/A Lost Forest Park v. R. – TCC: Corporate income did not meet the threshold to qualify for small business deductionREAD MORE »

Tedesco v. R. – FCA: Discontinuance of appeal by general partner does not preclude the limited partners from continuing their appeals

Oct 21, 2019 By Bill Innes

Précis: On a motion of the Crown, the Tax Court struck the appeals of the limited partners of TSI I Limited Partnership (TSI) after the general partner filed a notice of discontinuance on behalf of TSI. The limited partners appealed to the Federal Court of Appeal which allowed the appeal with one set of costs in both the Tax Court and the Court of Appeal.
Tedesco v. R. – FCA: Discontinuance of appeal by general partner does not preclude the limited partners from continuing their appealsREAD MORE »

Wallens v. R. – TCC: Court rejects taxpayer’s motor vehicle, accounting and home office expenses claims (in excess of what was allowed by the Crown)

Oct 17, 2019 By Bill Innes

Précis: The taxpayer, an employee who sold advertising, claimed substantial motor vehicle and home office expenses ($5,427 and $6,207, respectively) as well as accounting fees of $734. CRA disallowed the accounting fees and reduced the motor vehicle and home office expenses to $2,895. At trial the Crown increased the allowable motor vehicle and home office expenses to $664 and $4,874, respectively. The Tax Court denied the accounting fees and declined to award any additional motor vehicle or home office expense beyond those conceded by the Crown. This was an informal procedure appeal and there were no costs awarded.
Wallens v. R. – TCC: Court rejects taxpayer’s motor vehicle, accounting and home office expenses claims (in excess of what was allowed by the Crown)READ MORE »

Wise v. R. – TCC: Improvements made by tenant corporation to leased building did not result in taxable shareholder benefits to shareholder who owned the building

Oct 16, 2019 By Bill Innes

Précis: The taxpayer was the sole owner of a building the she leased to Wise Victoria Mortgages Inc. (“WVM”), a corporation of which she and her son were the principal shareholders. WVM had a 5 year lease on the business portion of the building with an option to renew for a further 5 years. The lease commenced in 2010 with a base rent of $2,200 per month. WVM made extensive renovations on the building amounting to a total of $457,663 in 2011 and a further $164,005 in 2012. CRA included these amounts in the taxpayer’s income as shareholder benefits. The Court allowed the appeal, holding that there was no evidence of the increase in value of the building, if any, at the end of the lease by virtue of the renovations. Costs were awarded to the taxpayer in accordance with Tariff B.
Wise v. R. – TCC: Improvements made by tenant corporation to leased building did not result in taxable shareholder benefits to shareholder who owned the buildingREAD MORE »

Chen v. R. – TCC: Cost of harvesting and storing stem/cord cells from birth of taxpayer’s child not an allowable medical expense credit

Oct 15, 2019 By Bill Innes

Précis: The taxpayer sought a medical expense credit of $5,720 for the cost of harvesting and storing stem/cord cells from the birth of her child. The Tax Court denied the claim on the basis that the taxpayer adduced no evidence that the procedure was done on the advice of the taxpayer’s obstetrician.
Chen v. R. – TCC: Cost of harvesting and storing stem/cord cells from birth of taxpayer’s child not an allowable medical expense creditREAD MORE »

Archives - October 2019

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