Singh v. R. – TCC: Tax Court upholds assessments of shareholder appropriations, opens statute-barred years, upholds penalites

Feb 27, 2020 By Bill Innes

Précis: The taxpayer was assessed unreported income from 2158357 Ontario Inc. in 2009 and 2010. His position was that the amounts were loan repayments and that the years in question were statute-barred. The Tax Court rejected his evidence of loan repayments and sustained the taxes and penalties, opening up the 2009 and 2010 taxation years.
Singh v. R. – TCC: Tax Court upholds assessments of shareholder appropriations, opens statute-barred years, upholds penalitesREAD MORE »

Mammone v. R. – FCA: Minister relied on a new factual basis for the reassessment after the normal reassessment period had expired – Tax Court reversed, appeal allowed.

Apr 15, 2019 By Bill Innes

Précis: The taxpayer transferred his pension funds to a new plan in 2009. In 2013 the Minister send a notice revoking the registration of the new plan and reassessed the taxpayer accordingly. In 2017 the Minister concluded that the first notice of revocation was defective and sent a second notice of revocation, retroactive to 2009. The taxpayer appealed unsuccessfully to the Tax Court. The taxpayer then appealed to the Federal Court of Appeal which allowed the appeal, with costs, holding that the 2013 reassessment was statute-barred in that the Minister could not rely upon the purported 2017 notice of revocation.
Mammone v. R. – FCA: Minister relied on a new factual basis for the reassessment after the normal reassessment period had expired – Tax Court reversed, appeal allowed.READ MORE »

Robertson v. R. - FCA: Tax Court did not err in opening statute barred years to tax $600,000 in unreported income

Jan 26, 2017 By Bill Innes

Précis: The taxpayer had roughly $600,000 of unreported income from US private corporation stock options in 2006 and 2007, years that would otherwise be statute-barred. CRA assessed on the basis of negligence. The Tax Court upheld the assessment. The Federal Court of Appeal dismissed the appeal from the bench, with costs.
Robertson v. R. - FCA: Tax Court did not err in opening statute barred years to tax $600,000 in unreported incomeREAD MORE »

Bédard v. R. - TCC: Mixed result in opening statute-barred years in an RRSP scam

Nov 25, 2016 By Bill Innes

Précis: The six appellants in this decision were all the victims of a fraudster who was subsequently sentenced to prison for tax evasion. The subject matter of the fraud was an RRSP strip which resulted in amounts being included in the income of the appellants. The only questions before the Court was whether, on the facts, the Crown could open up the appellants’ 2001 taxation years by means of assessments issued in 2009, 4 years after the expiration of the normal reassessment period.
Bédard v. R. - TCC: Mixed result in opening statute-barred years in an RRSP scamREAD MORE »

Vine Estate v. R. - FCA: Failure to report recapture negligent - statute-barred year opened

Jun 02, 2015 By Bill Innes

Précis: CRA assessed the Vine Estate for failure to report recapture (roughly $2,000,000) on the “Victoria Park” property owned by the late Mr. Vine. The Estate appealed to the Tax Court on the basis that the assessment was statute-barred.
Vine Estate v. R. - FCA: Failure to report recapture negligent - statute-barred year openedREAD MORE »