Myers v. R. - TCC: Court rejects evidence husband’s joint interest in home a drafting error

Nov 20, 2015 By Bill Innes

Précis: Ms. Myers was assessed under subsection 160(1) of the Income Tax Act in respect of the transfer to her by her husband of his share of their home at a time he had an income tax liability. Her defense was that the original acquisition of the home in their joint names was a drafting error and she was always intended to be the sole owner.
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Heroux v. R. - TCC: Ss. 160(1) assessment upheld - appellant did not take the stand

Sep 10, 2015 By Bill Innes

Précis: The appellant was assessed $22,387.82 pursuant to subsection 160(1) of the Income Tax Act (the “Act”) in respect of amounts transferred to her bank account by her husband at a time he owed back income taxes. The appellant’s representative argued that CRA had not proven that the bank account in question was that of the appellant. The Court rejected this line of argument. The appellant did not testify and the Court drew a negative inference.
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Hardtke v. R. - TCC: Ss. 160(1) - transfer to spouse - no evidence of consideration

Jun 15, 2015 By Bill Innes

Précis: The taxpayer’s spouse transferred the family home to her at a time when he owed a considerable amount in taxes. As consideration for the transfer she assumed a mortgage of $65,000 and gave her spouse $1 in cash.
Hardtke v. R. - TCC: Ss. 160(1) - transfer to spouse - no evidence of considerationREAD MORE »