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Tax law

John Doe v. The King

The Tax Court appointed Josh Schmidt as amicus curiae in four pending appeals involving John Doe, who was found to be under a legal disability.

  • Appointment of amicus curiae
  • Legal disability
  • Self-represented litigant
  • Confidentiality order
  • Mental health and litigation capacity
  • Amicus-curiae
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Tax

2520356 Ontario Corp. v. The King

Appeal partly allowed on HST reassessment. The Court held the property sale was exempt because the renovation was abandoned after demolition and before substantial reconstruction.

  • Residential complex
  • Substantial renovation
  • Builder status
  • Input tax credits
  • Exempt supply
  • Assessment and reassessment
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Tax law

Traductions Sematos Inc. v. His Majesty the King

The Tax Court upheld the Minister’s COVID-relief determinations, finding Traductions Sematos Inc. did not prove a normal accounting practice of including unbilled WIP in revenue.

  • Covid relief eligibility
  • Qualifying revenue
  • Accounting practices
  • Amendment of pleadings
  • Rule 98 discovery
  • Income-tax
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Tax law

Zalesskiy v. The King

The Tax Court dismissed an appeal for an eligible dependant amount, holding the appellant remained legally required to pay child support under an unvaried consent order.

  • Eligible dependant credit
  • Support amount
  • Consent order
  • Statutory interpretation
  • Eligible-dependant-credit
  • Child-support
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Tax law

Walker v. The King

The Tax Court held UDP donation receipts lacked prescribed information under Regulation 3501, so the claimed charitable gifts were not eligible under subsection 118.1(2).

  • Charitable donation receipts
  • Income tax act subsection 118.1(2)
  • Income tax regulations section 3501
  • Rule 58 motion
  • Procedural default
  • Tax court of canada rules (general procedure)
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Tax law

Becker v. The King

The Tax Court dismissed Mr. Becker’s GST/HST appeal, finding Westgate was built in an adventure or concern in the nature of trade, and that he never occupied it.

  • New housing rebate
  • Self-supply rules
  • Builder status
  • Adventure or concern in the nature of trade
  • Occupancy of a new house
  • Alternative basis or argument
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Tax law

Ordia Kelly v. His Majesty the King

The Tax Court struck Ordia Kelly’s GLGI reassessment appeals without leave to amend and awarded costs to the Crown, finding no new facts or arguments to overcome the donative intent issue.

  • Reassessment appeals
  • Donative intent
  • Abuse of process
  • Charitable donation scheme
  • Tax-law
  • Donative-intent
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Tax law

Chennenkunnath v. The King

The Tax Court allowed the appeal in part, denying most claimed employment expenses but leaving the conceded flyer-distribution deductions and cancelling subsection 163(2) penalties.

  • Income tax act
  • Employment expenses
  • Motor vehicle expenses
  • Telephone expenses
  • Work space in the home
  • Gross negligence penalties
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Tax law

Tchiakoua v. The King

The Tax Court allowed Ms. Tchiakoua’s appeal, holding that a $5,423 Quebec student loan remission was not taxable under paragraph 56(1)(n).

  • Income tax act
  • Taxability of student loan remission
  • Paragraph 56(1)(n)
  • Bursary definition
  • Tax-law
  • Income-tax-act
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Tax law

Thorburn v. The King

The Tax Court dismissed Robert Thorburn’s appeal from a 2014 reassessment, finding he failed to prove the business plan expense was required under his employment contract and paid in 2014.

  • Income tax act deductions
  • Employment expenses
  • Reasonableness of expenses
  • Commission-based employment income
  • Income-tax-act-deductions
  • Employment-expenses
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