Taylor v R, 2012 FCA 148, is an interesting case on the enforceability of a settlement or whether the settlement prevented the taxpayer from appealing the reassessments in question to the Tax Court.
Checklists
Some time ago, I read The Checklist Manifesto, and since then I’ve implemented a number of checklists in my practice. I’d like to do more of them because I find them so useful. The trick of course, is to find…
Family break-ups
I presented “Breaking Up Is Taxing To Do: Tax Issues When Couples Divide Property” at the CRA’s Tax Practitioner’s Consultation Group meeting at the Royal Botanical Gardens today. Click here for a copy of my presentation.
Reason and the T1135?
The Tax Court has vacated penalties for failing to file a T1135 on time for a year where tax was otherwise not payable. See Douglas v R, 2012 TCC 73, a decision of Justice Woods under the informal procedure.
Savoy Now Somewhat Shabby
I wrote here about Savoy v R, 2011 TCC 35. The Federal Court of Appeal recently concluded that Savoy was wrongly decided on the question of what the Minister must do to satisfy the requirements of subsection 227.1(2) where a…
Voluntary disclosure legal fees
In a recent technical interpretation (2012-0434071E5), the CRA confirmed that legal fees incurred to prepare a voluntary disclosure application are not deductible under paragraph 60(o) of the Income Tax Act. Paragraph 60(o) permits the deduction of “amounts paid by the…
Access to information
PWC has just published a good Tax Memo (2012-27) on taxpayer access to audit and appeals reports and other documents generated by the CRA in the course of issuing a reassessment. I found helpful the references to P-148 and CRA technical interpretation 2011-0403751C6 regarding what the CRA should provide without the taxpayer having to make an access request.
Involuntary VD
Livaditis v Canada Revenue Agency, 2012 FCA 55, is an interesting case on voluntary disclosures. The cases reminds us that the CRA gets to decide when a disclosure is voluntary, and the courts will not interfere with such a decision…
Objecting Too Early
I’m used to hearing about taxpayers who file objections or appeals to the Tax Court late, but poor Mr Jablonski filed his objection too early (Jablonski v R, 2012 TCC 29). He objected to a reassessment before the end of…
Lawyers! Again.
I wrote about whether an officer or director of a corporation could represent it in a Tax Court appeal in a post I wrote about White Star Copper Mines Limited v R, 2007 TCC 669. A more recent decision appears to deviate from the approach taken in White Star.