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 [...]
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). [...]
CRA’s Last Resort: The Dreaded Net Worth Assessment Background Many aspects of the Canada Revenue Agency (“CRA”) and its tax collection measures trouble the average Canadian. But likely the most troublesome -- and controversial -- [...]
Trading in Shares: Income or Capital? Are you earning income or capital gains by your trading activity? A prominent issue encountered by Canadian taxpayers is whether the gains from the sale of shares are income [...]
What is Involved in a Tax Appeal? Steps in a Tax Court Appeal At Ummat Tax Law, we receive many calls from taxpayers who are simply unaware of what an appeal to Tax Court entails. [...]
Tax Court Practice Note on Expert Evidence One of the noblest aspects of practicing tax litigation is the privilege of appearing before the venerable Tax Court. The judges are brilliant, the registrar's office and the [...]
Tax Court Decision on Experts at Trial Canadian Imperial Bank of Commerce v. H.M.Q. 2018 TCC 248 Summary This recent decision addresses a party's ability to have more than the five permitted experts testify at [...]
Tax Court Rules in Favour of Minister Pangaea One Acquisition Holdings XII S.À.R.L. v. The Queen 2018 TCC 158 Summary: In this Tax Court decision, the Appellant ("Pangaea") argued that it should be entitled to [...]
Taxpayer a Resident of Canada or Netherlands? Landbouwbedrijf Backx B.V. v. The Queen 2018 TCC 142 Summary: In this Tax Court decision, Justice Smith was asked to determine the residency of the Appellant, a company [...]
What Factors Lead to Exemption From Tax? Lawyers' Professional Indemnity Company v. H.M.Q. 2018 TCC 194 ("LPIC") LPIC is a relatively straight-forward Tax Court decision penned by Justice D'Arcy. LPIC is a wholly-owned subsidiary of [...]
