Voyer c. La Reine

Voyer c. La Reine

The appellant failed to substantiate the asserted payments and expenses with reliable documentation or credible witness evidence; payments characterized as made to preserve reputation are capital in nature and not deductible under s.9 and s.18(1)(b); most expense claims and loss claims (including Cadior) are...

Source-derived case information.

Citation
2019 CCI 221
Parties
Appellant: Carol Voyer; Respondent: Sa Majesté la Reine
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
15 October 2019
Procedural Posture
Tax Appeal (income Tax Act) / Judgment on Appeal by Tax Court of Canada
Outcome
Appeal dismissed except allowed in part for business expenses in 2007 ($23,465.32) and 2008 ($3,370.44); costs awarded to respondent.
Legal Topics
Deductibility of Business Expenses, Capital Vs Revenue Characterization, Business Loss and Loss Carryback/forward, Section 80.4 Shareholder Benefits, PTPE (business Investment Loss)
Source Language
fr
Income Tax Law Tax Litigation Deductibility of Business Expenses Capital Vs Revenue Characterization Business Loss and Loss Carryback/forward Section 80.4 Shareholder Benefits PTPE (business Investment Loss)

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Parties

Carol Voyer

Appellant

Sa Majesté la Reine

Respondent

Procedural Posture

Tax Appeal (income Tax Act) / Judgment on Appeal by Tax Court of Canada

  1. 1 Are amounts paid as refunds and rebates (rendus et rabais) deductible as business expenses for 2004, 2005, 2006, 2007 and 2009?
  2. 2 Are the expenses claimed for 2006, 2007 and 2008 deductible under s.9(1) as incurred to earn business income?
  3. 3 Can a non-capital loss from 2009 be carried back to 2007?

Ratio Decidendi

The appellant failed to substantiate the asserted payments and expenses with reliable documentation or credible witness evidence; payments characterized as made to preserve reputation are capital in nature and not deductible under s.9 and s.18(1)(b); most expense claims and loss claims (including Cadior) are disallowed for lack of proof, but a reasonable allowance for 2007 and 2008 business expenses is granted by applying the minister's 2006 expense ratio, resulting in allowed deductions of $23,465.32 for 2007 and $3,370.44 for 2008.

Court Disposition

Appeal dismissed except allowed in part for business expenses in 2007 ($23,465.32) and 2008 ($3,370.44); costs awarded to respondent.

Orders

  • Appeal against reassessments for taxation years 2003, 2004, 2005 and 2006 is dismissed.
  • Appeal against reassessments for 2007 and 2008 is allowed only to the extent of permitting deductions of $23,465.32 (2007) and $3,370.44 (2008) for expenses to earn business income.