R. v. Gerbro Holdings Company - FCA: CRA’s appeal dismissed from the bench – Income from offshore funds not attributable under section 94.1 of the Income Tax Act (the Act)

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https://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/346571/index.do

Canada v. Gerbro Holdings Company (October 25, 2018 – 2018 FCA 197, Webb (Author), Near, Gleason JJ. A.).

Précis: In 2016 Associate Chief Justice Lamarre of the Tax Court of Canada (2016 TCC 173) allowed the taxpayer’s appeal from reassessments including in its income for 2005 and 2006, pursuant to section 94.1 of the Act, income from offshore funds in which it had invested. The Crown appealed to the Federal Court of Appeal which dismissed its appeal from the Bench with costs.

Decision: The Federal Court of Appeal does not appear to have regarded this appeal as a close thing and dismissed it from the Bench:

[1] This is an appeal from the Judgment of Associate Chief Justice Lamarre of the Tax Court of Canada (2016 TCC 173) that allowed Gerbro Holdings Company’s appeal from the reassessment issued for its 2005 and 2006 taxation years.

[2] We are not convinced that the Associate Chief Justice made any reviewable error in her thorough and detailed Reasons.

[3] As a result, the appeal is dismissed with costs.

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Bill Innes

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William (Bill) Innes has practiced in the areas of tax litigation, taxation and estates and trusts since 1975. His practice includes all aspects of dispute resolution in taxation matters under both federal and provincial legislation, but with a special emphasis on appeals under the Income Tax Act (Canada). In addition, Bill acts as counsel in matters of estate and trust law and serves as an advisor to large charitable and non-profit institutions on issues of trusts, estates and taxation. He frequently appears as counsel before the Tax Court of Canada, the Federal Court and the Federal Court of Appeal.

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WILLIAM I. INNES

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Bill is listed and recognized in the 2020 edition of Best Lawyers in Canada; Lexpert/ROB Special Edition 2020 – Canada’s Leading Litigation Lawyers; 2020 Canadian Legal Lexpert Directory - Consistently Recommended - Litigation - Corporate Tax; and Canadian Who’s Who.

Bill is also AV Peer and Judicial Review Rated according to Martindale-Hubbell (Preeminent), its highest level of professional ranking.

Bill is a member of the Editorial Boards of the Canadian Tax Journal and Tax Litigation and a past member of the Editorial Boards of the CCH Canadian Tax Reporter and the CCH Annotated Income Tax Act.

Bill is the author or co-author of several legal texts and numerous articles, including:

Tax Evasion, William I. Innes. (Scarborough, Ont.: Carswell, 1995 - Looseleaf).

The essential GAAR manual: policies, principles and procedures. William I. Innes, Patrick J. Boyle, Joel A. Nitikman. (Toronto: CCH Canadian, 2006).
Charities, non-profits and philanthropy under the Income Tax Act, William I. Innes, Patrick J. Boyle. (Toronto: CCH Canadian: Fraser Milner Casgrain, 2006).
Federal tax practice, William Innes & Brendan Bissell, (Toronto: CCH Canadian, 2007).

Bill was a member of the International Academy of Estate and Trust Law from 1992 to 2012.

R. v. Gerbro Holdings Company - FCA: CRA’s appeal dismissed from the bench – Income from offshore funds not attributable under section 94.1 of the Income Tax Act (the Act)

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