The Crown filed its appeal in Guindon yesterday.
Family Law and the ITA
Folks, just a reminder that the parties to a family law dispute, even with the assistance of an order of the Ontario Superior Court of Justice, cannot override the rules in the Income Tax Act respecting the taxation of support amounts.
Johnson appeal allowed
The Federal Court of Appeal has allowed the Crown’s appeal in Johnson: see R v Johnson, 2012 FCA 285, rev’g 2011 TCC 540.
Third-party penalties case
Last week, the Tax Court released its decision in Guindon v R, 2012 TCC 287, in which the court concluded that the third-party penalties provided by section 163.2 of the Income Tax Act are criminal in nature and that the…
Art donation appeal dismissed
The Tax Court has released the decision of Miller J in Kossow v R, 2012 TCC 325. Ms Kossow purported to make a charitable donation through the Ideas/Berkshire donation program. The CRA disallowed all of the credits she claimed for…
Late-filed
Here’s a good reason to file an election on time: if you don’t, and one of the parties to the election disappears (dies or is dissolved, for example), the CRA will likely take the position that a late-filed election isn’t possible because the parties to it can’t make the election anymore.
More ABIL woes
A taxpayer advanced $1,150,000 to her husband’s corporation, which, it turned out, couldn’t pay her back. She didn’t claim an ABIL in respect of the loan until 2007. The Minister, however, took the position that the corporation ceased doing business…
Recent cases
Yesterday I had the pleasure of giving a presentation on recent cases of interest to a group of PKF International professionals in Niagara Falls (at the Fallsview casino, in a meeting room, no less!).
Don’t assume …
In the Tax Court of Canada, the onus is on the taxpayer to prove the facts on which he or she relies in appealing from a reassessment. Usually, the taxpayer is the party who must “carry the ball”. That doesn’t mean, however, that the government can sit back and do nothing, at least according to Justice Webb in Brewster v R, 2012 TCC 187.
“Gambling with other people’s money”
In Deakin v R, 2012 TCC 270, the taxpayers had been assessed as directors for the failure of a corporation to remit income tax and GST source deductions. It appears that the taxpayers chose to have the corporation use what it had withheld to keep its business afloat rather than remit the money as required by the Income Tax Act (Canada) and the Excise Tax Act (Canada) (¶ 8).