Archives - mars 2019

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  Owda v. R. – TCC: Gross negligence penalties vacated on net worth reassessments of elderly cab driver

  13 mars 2019 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Federal Income Tax
  • Personal Tax, Estate & Wealth Planning

  Précis: Mr. Owda was an older man who drove taxi in the evenings for a few hours. CRA issued net worth reassessments for unreported income in each of 2011, 2012 and 2013 ($42,470 (2011), $29,203 (2012) and $5,333 (2013)). The Court allowed most of the CRA reassessments after making adjustments for family gifts but vacated the gross negligence penalties since “circumstances are not sufficiently extreme to justify these onerous penalties” [Para. [29]]. There was no order as to costs since success was divided.
  Owda v. R. – TCC: Gross negligence penalties vacated on net worth reassessments of elderly cab driverPlus >
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  Saunders v. R. – TCC: Court upholds gross negligence penalties for fictitious losses claimed in 2011

  6 mars 2019 By Bill Innes

  catégories:

  • Bill Innes on Current Tax Cases
  • Federal Income Tax
  • Personal Tax, Estate & Wealth Planning

  Précis: This is yet another case of a taxpayer claiming fictitious losses in 2011 using a tax promoter that was subsequently convicted criminally for its tax preparation activities. What distinguished this case to some extent is that at the time the taxpayer filed his 2011 return CRA had already advised him they were denying similar losses claimed in 2009 and 2010 and considering the imposition of gross negligence penalties. CRA did apply gross negligence penalties in 2011 and the taxpayer sought in this appeal to have them vacated. The Court dismissed the appeal holding that the facts justified the imposition of penalties. There was no order as to costs as this was an informal procedure appeal.
  Saunders v. R. – TCC: Court upholds gross negligence penalties for fictitious losses claimed in 2011Plus >