Hagos c. La Reine

Hagos c. La Reine

The appellant failed to satisfy the statutory requirements of s.118.2 because his brother was not a resident of Canada in the relevant year and the expenses were incurred in 2003 but claimed for 2004; therefore the medical expense tax credit cannot be allowed and the Court cannot grant relief based on compassion.

Source-derived case information.

Citation
2008 CCI 670
Parties
Appellant: Mesfin Hagos; Respondent: Sa Majesté la Reine
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
30 September 2008
Procedural Posture
Tax Appeal (income Tax) / Hearing Before the Tax Court — Oral Reasons/decision
Outcome
Appeal dismissed
Legal Topics
Medical Expense Tax Credit, Residency, Dependant Definition, Section 118.2, Timing of Deduction, Judicial Power and Compassion
Source Language
fr
Income Tax Law Tax Credits Statutory Interpretation Medical Expense Tax Credit Residency Dependant Definition Section 118.2 Timing of Deduction +1 more

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Parties

Mesfin Hagos

Appellant

Sa Majesté la Reine

Respondent

Procedural Posture

Tax Appeal (income Tax) / Hearing Before the Tax Court — Oral Reasons/decision

  1. 1 Whether claimed medical expenses qualify for the medical expense tax credit under s.118/118.2 of the Income Tax Act
  2. 2 Whether the expenses were incurred in respect of a dependant who was resident in Canada in the relevant year
  3. 3 Whether expenses incurred in 2003 can be claimed on the 2004 tax return

Ratio Decidendi

The appellant failed to satisfy the statutory requirements of s.118.2 because his brother was not a resident of Canada in the relevant year and the expenses were incurred in 2003 but claimed for 2004; therefore the medical expense tax credit cannot be allowed and the Court cannot grant relief based on compassion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Assessment/upheld decision of Minister affirmed