Précis: The taxpayer claimed that a large regasification plant in Saint John, New Brunswick fell within Class 43 property for CCA purposes. CRA rejected the Class 43 categorization and assessed the property under Classes 1 and 3, resulting in less CCA being available. Justice Campbell Miller of the Tax Court decided in favour of the taxpayer and awarded substantial costs. CRA appealed both the substantive decision and the costs award. The Federal Court of Appeal accepted the decision of the Tax Court both on substance and on costs (technically, there were four appeals involved). Thus CRA’s appeals were dismissed with one set of costs.
R. v. Repsol Energy Canada – FCA: Tax Court decision in favour of taxpayer upheldREAD MORE »