D'Anjou c. La Reine

D'Anjou c. La Reine

The court found the appellant materially misrepresented the adjusted cost base by negligence/inattention, which authorized a reassessment after the normal period; further, the land was held as a capital asset (no income produced), the large additional expense claims lacked adequate documentary support and were not...

Source-derived case information.

Citation
2019 CCI 208
Parties
Appellant: RÉAL D'ANJOU; Respondent: SA MAJESTÉ LA REINE
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
4 October 2019
Procedural Posture
Income Tax Assessment Appeal / Judgment (decision on Appeal)
Outcome
Appeal dismissed; reassessment of 27 November 2017 for taxation year 2012 upheld.
Legal Topics
Capital Gains, Adjusted Cost Base, Reassessment Period, Negligence, Deductibility of Expenses
Source Language
fr
Income Tax Law Tax Procedure Capital Gains Adjusted Cost Base Reassessment Period Negligence Deductibility of Expenses

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Parties

RÉAL D'ANJOU

Appellant

SA MAJESTÉ LA REINE

Respondent

Procedural Posture

Income Tax Assessment Appeal / Judgment (decision on Appeal)

  1. 1 Was the minister justified in issuing a reassessment after the normal reassessment period?
  2. 2 Was the minister justified in increasing the appellant's taxable capital gain by $64,269 for 2012?

Ratio Decidendi

The court found the appellant materially misrepresented the adjusted cost base by negligence/inattention, which authorized a reassessment after the normal period; further, the land was held as a capital asset (no income produced), the large additional expense claims lacked adequate documentary support and were not incurred to earn income nor capital improvements, so they could not reduce the capital gain or be added to ACB; accordingly the reassessment increasing the taxable capital gain was upheld.

Court Disposition

Appeal dismissed; reassessment of 27 November 2017 for taxation year 2012 upheld.

Orders

  • Appeal dismissed.
  • Respondent's reassessment dated 27 November 2017 for the 2012 taxation year is confirmed.