Anchor Pointe

The CRA’s Appeals branch, according to P148 (“Resolving Your Dispute: Objection and Appeal Rights Under the Income Tax Act”), exists “to resolve disputes arising from decisions made under legislation administered by the [CRA] by conducting fair and impartial reviews.” In fact, Appeals sometimes ends up acting as if the objection process were a second chance to audit the taxpayer: sometimes officers of the branch appear to spend more time trying to repair deficiencies in the CRA’s case against the taxpayer than they do considering the taxpayer’s submissions. When this happens, is relief available to the taxpayer?

Beneficiaries gone wild!

As tax advisers, we regularly advise our clients to enter into various legal relationships in order to help them reduce the taxes they would otherwise incur. In providing such advice, however, we would do well to remind our clients that those legal relationships have more than just tax consequences. Rose v. Rose, 81 O.R. (3d) 349, 2006 CanLII 20856 (ON S.C.) could be the cautionary tale.