Godon v. The Queen

Godon v. The Queen

The Court allowed the appeal in part because the Respondent admitted and sought reductions to the assessed unreported income and personal expenses; those concessions were accepted and the file was referred back to the Minister for reassessment using the revised figures, while confirming that penalties under s.163(2)...

Source-derived case information.

Citation
2007 TCC 42
Parties
Appellant: Patrick Godon; Respondent: Her Majesty the Queen
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
18 July 2007
Procedural Posture
Income Tax Assessment Appeal / Judgment
Outcome
Appeal allowed in part; matter referred back to the Minister for reconsideration and reassessment with revised figures; penalties upheld but to be adjusted in accordance with reassessments; no costs awarded.
Legal Topics
Net Worth Method, Reassessment Period (s.152(4)), Penalties (s.163(2)), Burden of Proof, Valuation of Assets
Source Language
english
Tax Law Income Tax Act Administrative Law Net Worth Method Reassessment Period (s.152(4)) Penalties (s.163(2)) Burden of Proof Valuation of Assets

Source-derived case record

Summary, issues, holding and outcome

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Parties

Patrick Godon

Appellant

Her Majesty the Queen

Respondent

Procedural Posture

Income Tax Assessment Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant failed to include specified amounts in income for 1997, 1998 and 1999
  2. 2 Whether the Minister issued reassessments beyond the normal reassessment period under s.152(4) of the Income Tax Act
  3. 3 Whether the appellant is liable for penalties under s.163(2) of the Income Tax Act

Ratio Decidendi

The Court allowed the appeal in part because the Respondent admitted and sought reductions to the assessed unreported income and personal expenses; those concessions were accepted and the file was referred back to the Minister for reassessment using the revised figures, while confirming that penalties under s.163(2) remain warranted but must be recalculated to reflect the reassessments.

Court Disposition

Appeal allowed in part; matter referred back to the Minister for reconsideration and reassessment with revised figures; penalties upheld but to be adjusted in accordance with reassessments; no costs awarded.

Orders

  • Appeal allowed without costs
  • File referred back to the Minister of National Revenue for reconsideration and reassessment on the basis of the revised unreported income and personal expenses set out in the Reasons for Judgment