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 »