Appellant Fails to Prove Timing of Revenues for Canada/US Treaty Purposes Wolf v. Canada 2019 FCA 283 Access Wolf Decision Here Background This decision raises an interesting treaty-related issue. The Appellant is an aerospace engineer. [...]
Greenstreet v. HMQ 2019 TCC 237 Greenstreet Tax Court Decision Link Decision & Analysis This Tax Court decision involves investment income that the taxpayer did not believe was taxable because the CRA advised him back [...]
TFSA Swap Transactions Considered Tax Avoidance Louie v. Canada Decision Louie v. Canada 2019 FCA 255 Background The Appellant, a sophisticated investor, opened a TFSA account when the rules were implemented in January 2009. She [...]
Innocent Mistake Leads to TFSA Penalty Robitaille v. The Queen (click here for decision) The taxpayer inadvertently deposited $40,000 to his TFSA. The CRA penalized him for it. The Court upheld the penalty. TFSA Over-Contribution [...]
Tax Court finds No Dividend Received Through Income-Splitting Scheme Trower v. HMQ 2019 TCC 77 Trower Decision Summary CRA assessed Ms. Trower to include a taxable dividend in the amount of $58,900 in 2016 because [...]
Taxpayer’s Lack of Credibility Sinks Appeal Wall Tax Court Decision Summary This is a case about a taxpayer lacking credibility and the Tax Court Judge not accepting his evidence as a result. A real estate [...]
The Crown Has the Burden to Prove Gross Negligence Penalties Kim v. Canada Summary In the majority of tax appeals, the taxpayer has the burden of proving the assessments are incorrect. But this case is [...]
Repeated Failures to Report Lead to Harsh 163(1) Penalty Polubiec Decision Summary The Appellant was reassessed a 163(1) penalty in 2015 in respect of his 2014 taxation year for failing to report income (RRSP withdrawal). [...]
FCA Rules Flight Attendant’s Parking Pass a Taxable Benefit Smith Decision Summary The taxpayer received a parking pass from his employer. CRA reassessed to include the value of the parking pass as a benefit pursuant [...]
Taxpayer Relief Applications can be Tricky Martel v. Canada This is a very interesting decision from the Federal Court of Canada. It involves the required degree of precision when seeking interest relief from the Minister, [...]
