Corporate Director Unsuccessfully Relies on the Defence of Due Diligence Burnett Tax Court of Canada Decision Burnett v. HMK 2022 TCC 99 Tax Court of Canada Case Summary This is a typical director’s liability case, [...]
Tax Court of Canada Settlement Conferences The conventional settlement conference is the preferred apparatus most used by parties trying to settle a tax appeal. A settlement conference is a confidential conference where the parties and [...]
CRA Criticized for Questioning Taxpayer’s Business Judgment Jackman v. HMQ 2022 TCC 73 DECISION HERE Summary The Tax Court of Canada (“TCC”) was tasked with determining the value of a shareholder benefit, if any, in [...]
Taxpayer Not Entitled to Deduct Losses on Income Account Procon Mining & Tunnelling Ltd. v. HMQ 2022 TCC 71 Decision Here Summary This is a simple case of whether shares owned by a taxpayer were [...]
Tax Settlements in Canada: Is it Time to Adopt US Style ADR? Introduction Settlement is about compromise. It’s about grabbing what you can and getting out with a deal you know you can live with. [...]
Choosing The Right Tax Litigation Lawyer In the course of my practice, I am routinely asked the question “what makes you any different from the rest?”. It is an excellent question. And it is certainly [...]
Director’s Liability Assessment Struck Down by Tax Court of Canada Tran v. Her Majesty the Queen 2021 TCC 51 Tran Decision Here. Summary A corporate director was found not to be liable under the director’s [...]
Former Leafs GM Finally Gets a Win Nonis v. H.M.Q. 2021 TCC 31 DECISION HERE Summary A former Leafs GM was assessed to include income he earned following his termination. The Tax Court of Canada [...]
Tax Court of Canada Rules Straddle Transactions Not a Sham Paletta Estate v. H.M.Q. 2021 TCC 11 DECISION HERE Summary The appellant[1] entered into straddle transactions to shelter income. The Minister of National Revenue (“Minister”) [...]
Tax Court Rules on Employee Benefit Plans McNeeley v. The Queen 2020 TCC 90 https://decision.tcc-cci.gc.ca/tcc-cci/decisions/en/item/486041/index.do?q=mcneeley Summary The three Appellants appealed their 2012 reassessments indicating the Minister of National Revenue’s (“Minister”) position that they had received [...]
