Blogue

Supreme Court dismisses leave application in Piersanti – Jarvis rule does not operate to exclude evidence in the TCC

20 avril 2015 By Bill Innes

Précis: On April 16, 2015 the Supreme Court of Canada dismissed, with costs, an application for leave to appeal the Piersanti v. Canada decision of the Federal Court of Appeal which held that the Jarvis rule does not operate to exclude evidence in Tax Court proceedings.
Supreme Court dismisses leave application in Piersanti – Jarvis rule does not operate to exclude evidence in the TCCPlus >

R. v. Caisse Desjardin de Québec – FCA: Requirement to pay served on bank of insolvent customer not effective

20 avril 2015 By Bill Innes

Précis: A requirement to pay was served on the Caisse Desjardin in connection with one of its customers. Although the customer had money in its account when the requirement was received it was also indebted to the Caisse on a variable credit contract; the Caisse applied the money in the account to that debt rather than paying it in accordance with the requirement.
R. v. Caisse Desjardin de Québec – FCA: Requirement to pay served on bank of insolvent customer not effectivePlus >

Nanica Holdings Limited v. R. – TCC: Dividend refunds need to be paid in order to erode a corporation’s RDTOH balance

20 avril 2015 By Bill Innes

Précis: The taxpayer claimed dividend refunds in 2011 and 2012 which were partially denied by CRA. The denial was based on the fact that the taxpayer would have been entitled to dividend refunds in 2007 and 2008 had it filed its tax returns on time, but the returns were in fact filed outside the three year limitation period established by subsection 129(1) of the Income Tax Act.
Nanica Holdings Limited v. R. – TCC: Dividend refunds need to be paid in order to erode a corporation’s RDTOH balancePlus >

Charania v. R. – TCC: Accounting error did not give rise to taxable shareholder benefit

10 avril 2015 By Bill Innes

Charania v. R. – TCC: Accounting error did not give rise to taxable shareholder benefitPlus >

Syed v. R. – TCC: Court confirms tax assessments of restaurant director based on alternative audit method

10 avril 2015 By Bill Innes

Syed v. R. – TCC: Court confirms tax assessments of restaurant director based on alternative audit methodPlus >

Okoroze v. R. – TCC: Taxes and penalties confirmed on net worth assessments

10 avril 2015 By Bill Innes

Okoroze v. R. – TCC: Taxes and penalties confirmed on net worth assessmentsPlus >

Maxwell v. R. – TCC: Director cannot raise due diligence defence based on a client’s continuing payment defaults

10 avril 2015 By Bill Innes

Maxwell v. R. – TCC: Director cannot raise due diligence defence based on a client’s continuing payment defaultsPlus >