Recent Posts

Posts tagged "Income Tax Act"

Hardtke v. R. - FCA: Appeal from ss. 160(1) transferee assessment dismissed from bench
May 25, 2016 By Bill Innes
Categories:
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. CRA assessed her on the difference between the value of the home at the date of transfer ($315,000) and the consideration given, i.e., $249,999. The taxpayer alleged that she had provided consideration, both before and after the transfer, to her spouse in the form of funds he used in his business. She also argued that she had had a claim to the property based on constructive or resulting trust.
Hardtke v. R. - FCA: Appeal from ss. 160(1) transferee assessment dismissed from benchREAD MORE »
Barnwell v. R. - FCA: Appeal from denial of ABIL dismissed
May 24, 2016 By Bill Innes
Categories:
Précis: The taxpayer was a lawyer and a CGA. He extended loans aggregating $73,000 to a business acquaintance, Mr. Austin. The loans were made by means of a number of cheques, all payable to Mr. Austin and commencing in 2007. In 2011 Mr. Barnwell claimed an ABIL in the amount of $39,150 (later reduced at trial to $36,500). CRA denied the deduction on the basis that the loans were made to Mr. Austin, not a CCPC. Mr. Barnwell claimed that Mr. Austin acted as the alter ego of the Whitesand Group of Companies Inc., a CCPC, which was the true debtor.
Barnwell v. R. - FCA: Appeal from denial of ABIL dismissedREAD MORE »
Mendoza v. R - TCC: Transit pass credit allowed where TTC did not produce record of use
May 24, 2016 By Bill Innes
Categories:
Précis: Mr. Mendoza claimed a transit pass credit in respect of his use of a Toronto Transit Commission (“TTC”) pass. CRA denied the claim because he could not produce a record from TTC detailing the nature of his use of the pass. The Tax Court accepted Mr. Mendoza’s evidence of the nature of his use of the pass and rejected CRA’s position. There was no order as to costs as this was an informal procedure appeal.
Mendoza v. R - TCC: Transit pass credit allowed where TTC did not produce record of useREAD MORE »
R. v. Agnico-Eagle Mines - FCA: Crown wins Pyrrhic victory on appeal
May 19, 2016 By Bill Innes
Categories:
Précis: Agnico-Eagle issued convertible debt denominated in US dollars in 2002 at a time when the US dollar was worth $1.588. In 2005 and 2006 most holders elected to convert the debt to shares at a time when the US dollar was worth $1.154. The few holders that did not convert had their debentures redeemed. The transaction resulted in a large economic loss for the corporation however because of appreciation in the share price primarily in late 2005 and early 2006.
R. v. Agnico-Eagle Mines - FCA: Crown wins Pyrrhic victory on appealREAD MORE »
Yourkin v. R. - TCC: Cantankerous taxpayer ordered to pay $1,850 in costs on 7th failed appeal
May 13, 2016 By Bill Innes
Categories:
Précis: This was the 7th time Mr. Yourkin unsuccessfully appealed the same issue to the Tax Court. He did not show up for his hearing and Justice Boyle awarded costs of $1,850 against him finding his...
Yourkin v. R. - TCC: Cantankerous taxpayer ordered to pay $1,850 in costs on 7th failed appealREAD MORE »
Ahmad v. R. - TCC: Student with full-time job not in full-time attendance at university
May 13, 2016 By Bill Innes
Categories:
Précis: Ms. Ahmad was claiming a tax credit that required that she be in full-time attendance at the University of Florida. The University advised CRA that she was a part-time student. She worked a full time job 37.5 hours per week. Justice Boyle could not conclude that...
Ahmad v. R. - TCC: Student with full-time job not in full-time attendance at universityREAD MORE »
Ford v. R. - FCA: Unsuccessful appeal from dismissal of fairness review application
May 12, 2016 By Bill Innes
Categories:
Précis: This case arose out of a voluntary disclosure that Mr. Ford made in 2003 in respect of his 2000, 2001 and 2002 taxation years. CRA asked for backup documentation which was never provided. He applied for taxpayer relief in 2010 and he was again asked for backup documentation which...
Ford v. R. - FCA: Unsuccessful appeal from dismissal of fairness review applicationREAD MORE »
Chaisson v. R. - TCC: Investment in shares by RRSP not a qualified investment - RRSP Strip
May 11, 2016 By Bill Innes
Categories:
Précis: This decision involves a variation of the “RRSP strip” schemes that have appeared in recent years. Ms. Chaisson transferred funds ($117,000) from her RRSP to new self-administered RRSP which then purchased shares of a Canadian company, Landmark Capital Partners Ltd. (“Landmark Canada) which, in turn...
Chaisson v. R. - TCC: Investment in shares by RRSP not a qualified investment - RRSP StripREAD MORE »
Oddi v. R. - TCC: Notices of appeal struck with leave to amend except for appeal of nil assessment
May 10, 2016 By Bill Innes
Categories:
Précis: Mr. Oddi filed a Notice of Appeal and an Amended Notice of Appeal in 2015 in respect of his 2002-2006 and 2010 taxation years. Essentially the Notices of Appeal did not identify the subject matter of the appeal nor did they remotely conform to the Tax Court Rules (General Procedure) (the “Rules). The Court struck...
Oddi v. R. - TCC: Notices of appeal struck with leave to amend except for appeal of nil assessmentREAD MORE »
Wynter v. R. - TCC: Tax Court blasts CRA for lack of an early warning system for tax scams
May 10, 2016 By Bill Innes
Categories:
Précis: I blogged earlier on this site that I am not going to comment on any more Tax Arbitrator cases since I don’t think they offer anything of value to my readers. I will make an exception with the Wynter decision (which appears to be a clone or offshoot of the Fiscal Arbitrator cases) because...
Wynter v. R. - TCC: Tax Court blasts CRA for lack of an early warning system for tax scamsREAD MORE »

Recent Posts

Categories

Archives