Issue 43 of Bennett Jones on Tax Disputes, published on Taxnet Pro by Thomson Reuters, features a review of notable tax cases, recent court guidance and ongoing appeal activity. This issue includes three articles from members of the Bennett Jones Tax group.
Kate Kim examines the Tax Court of Canada’s decision in Liu v. The King, which considers the limits on the Minister of National Revenue’s ability to advance alternative arguments under subsection 152(9) of the Income Tax Act. The decision confirms that the Minister cannot rely on an entirely new set of transactions or parties that did not form the basis of the original assessment.
Andrew Young reviews Kruivitsky v. The King, the first detailed judicial consideration of subparagraph 60(o)(i) of the Income Tax Act. The decision confirms that legal costs incurred in disputing a tax assessment may be deducted only by the taxpayer whose assessment is at issue.
Antoine Messervier discusses Goudreau c. Le Roi, in which the Tax Court considered the application of a price adjustment clause in an estate freeze reorganization. The decision emphasizes the importance of demonstrating a good-faith intention to transact at fair market value.
This issue also includes summaries of recent tax decisions and updated appeal tables.
If you have any questions about the cases in this edition of Bennett Jones on Tax Disputes, please reach out to Edwin G. Kroft KC, Chair of the Bennett Jones Tax Litigation & Dispute Resolution group.
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