Monthly Archives: September 2006

Yet more on third-party demands

Posted on September 23, 2006 by John Loukidelis

I have written several posts about the difficulties posed for taxpayers and the CRA by subsection 231.2(2) of the Income Tax Act. Earlier this year, the Federal Court released another decision—All Saints Greek Orthodox Church v. M.N.R., 2006 FC 374—relating … Continue reading →

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New pages

Posted on September 19, 2006 by John Loukidelis

I have added two new pages to our website that might be of interest to our readers. The first is a collection of links to tax-related websites. The second page simply re-produces an article I posted some time ago on … Continue reading →

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Accounting reality

Posted on September 18, 2006 by John Loukidelis

For some reason, the CRA seems to want to believe that an accounting entry by itself is a real transaction that can give rise to tax consequences. The Tax Court, in Cook v. The Queen, 2006 TCC 344 was called … Continue reading →

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Is GAAR dead?

Posted on September 5, 2006 by John Loukidelis

Perhaps reports of the GAAR’s death—by Brian Arnold among others—have been greatly exaggerated. See Ceco Operations Ltd. v. The Queen, 2006 TCC 256. Apparently, the taxpayer has filed an appeal from Justice Bonner’s decision in favour of the Minister in … Continue reading →

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Two cases

Posted on September 5, 2006 by John Loukidelis

The latest CCH Tax Topics contain summaries of two interesting recent cases, one (Truckbase Corporation v. The Queen, 2006 TCC 215) dealing with the deduction of fees paid to amend a shareholder agreement and the other (Canada (Minister of National … Continue reading →

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GAAR and surplus stripping

Posted on September 4, 2006 by John Loukidelis

Not long after the Tax Court released Evans v. The Queen, 2005 TCC 684, it released Archambault, J.’s decision in Desmarais v. The Queen, 2006 TCC 44, which came to a different conclusion about whether GAAR could apply to surplus … Continue reading →

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Amalgamations, Long and Short

Posted on September 1, 2006 by John Loukidelis

An amalgamation is an important tool in the tax adviser’s toolbox. He or she can use amalgamations to simplify corporate structures, get rid of unwanted shell corporations, permit the interest expense on debt used to acquire another corporation to be … Continue reading →

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