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Tax law

Gerald Kowarsky Trust v. His Majesty the King

The Tax Court held that a wound-up trust’s final taxation year ends on December 31, so the trust’s 2023 return was late and the penalty stood.

  • Income tax act
  • Trust taxation year-end
  • Late-filing penalty
  • Trust wind-up
  • Due diligence defense
  • Trust-taxation-year-end
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Tax law

Goncharova v. The King

The Tax Court dismissed Anastasia Goncharova’s GST/HST new housing rebate appeal, finding the condominium was not acquired as the family’s primary residence.

  • Gst/hst new housing rebate
  • Excise tax act
  • Primary place of residence condition
  • Occupancy condition
  • Gst-hst-new-housing-rebate
  • Excise-tax-act
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Tax law

Claire Yanta v. His Majesty the King

The Tax Court dismissed Claire Yanta’s appeal over medical expense tax credit claims for her spouse’s airfare and accommodation for dental treatment in Türkiye.

  • Medical expense tax credit
  • Travel expenses
  • Transportation expenses
  • Dental treatment expenses
  • Medical-expense-tax-credit
  • Travel-expenses
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Tax law

Shameti v. The King

The Tax Court dismissed Mr. Shameti’s GST/HST appeal, finding he was a builder of the New Home, had to self-assess on first occupancy, and could not use the residence exception.

  • Gst/hst
  • Builder definition
  • Self-supply/self-assessment
  • Substantial completion
  • Primary place of residence
  • Adventure or concern in the nature of trade
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Tax law

Honey v. The King

Deux appels fiscaux liés à des prêts ICF dans des montages d’assurance vie 10/8 sont rejetés; le tribunal confirme un taux d’intérêt déductible de 4,18 %.

  • Income tax act
  • Interest deductibility
  • Reasonable amount of interest
  • 10/8 life insurance policy
  • Reassessment
  • Interest-deductibility
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Tax law

Kane v. The King

The Tax Court dismissed Paul Kane’s appeal from a 2009 reassessment, upholding a penalty under s. 163(2) of the Income Tax Act for wilful blindness to a fictitious business loss.

  • Income tax act
  • Section 163(2) penalty
  • Wilful blindness
  • Fictitious business loss
  • Misrepresentation
  • Income-tax-act
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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 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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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.