Précis: Mr. Struck was assessed in respect of the disposition of shares and real property to his son. He appealed to the Tax Court. Subsequently he entered a settlement with the Crown which specified the amounts of both the gain on the disposition of the shares and the real property. His appeal to the Federal Court of Appeal was ultimately confined to his allegation that he was entitled to a reserve on the disposition of real property under section 40 which was not allowed on the consent judgment. The Court of Appeal held that he was not entitled to appeal from the consent judgment where he had agreed on the amount of the gain on the real property and had not claimed any amount for a reserve on that settlement. As a result the appeal was dismissed with costs.
Struck v. R. - FCA: Taxpayer cannot appeal a consent judgmentREAD MORE »