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Posts tagged "Subsection 160(1) ITA - Transferee Liability"

Myers v. R. - TCC: Court rejects evidence husband’s joint interest in home a drafting error
20 novembre 2015 By Bill Innes
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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.
Myers v. R. - TCC: Court rejects evidence husband’s joint interest in home a drafting errorPlus >
Heroux v. R. - TCC: Ss. 160(1) assessment upheld - appellant did not take the stand
10 septembre 2015 By Bill Innes
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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.
Heroux v. R. - TCC: Ss. 160(1) assessment upheld - appellant did not take the standPlus >
Hardtke v. R. - TCC: Ss. 160(1) - transfer to spouse - no evidence of consideration
15 juin 2015 By Bill Innes
catégories:
- Bill Innes on Current Tax Cases
- Personal Tax, Estate & Wealth Planning
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 considerationPlus >
McDonald v. R. – TCC: Transfers to spouse who knew of “issues” with CRA gave rise to section 160 liability
9 avril 2015 By Bill Innes
catégories:
- Bill Innes on Current Tax Cases
McDonald v. R. – TCC: Transfers to spouse who knew of “issues” with CRA gave rise to section 160 liabilityPlus >
Sky High v. R. – TCC: Court “suspends” section 160 appeal citing inherent jurisdiction
20 mars 2015 By Bill Innes
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Sky High v. R. – TCC: Court “suspends” section 160 appeal citing inherent jurisdictionPlus >
Parihar v. R. – TCC: Section 160 assessment upheld – funds transferred to defeat creditors not held in trust
10 mars 2015 By Bill Innes
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Parihar v. R. – TCC: Section 160 assessment upheld – funds transferred to defeat creditors not held in trustPlus >
Loates v. R. – TCC: Marital interest in property not “consideration” for the purposes of subsection 160(1) assessment
17 février 2015 By Bill Innes
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Loates v. R. – TCC: Marital interest in property not “consideration” for the purposes of subsection 160(1) assessmentPlus >
Palmer v. T. – TCC: Taxpayer did not discharge onus in attempt to rebut a subsection 160(1) assessment
17 février 2015 By Bill Innes
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Palmer v. T. – TCC: Taxpayer did not discharge onus in attempt to rebut a subsection 160(1) assessmentPlus >
Brassard v. R. – TCC: Transfer of property between brothers gave rise to subsection 160(1) liability
17 février 2015 By Bill Innes
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Brassard v. R. – TCC: Transfer of property between brothers gave rise to subsection 160(1) liabilityPlus >
Budwal v. R. – TCC: Appropriation of corporate assets – section 160 assessment affirmed against husband but not wife
30 décembre 2014 By Bill Innes
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Budwal v. R. – TCC: Appropriation of corporate assets – section 160 assessment affirmed against husband but not wifePlus >

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