Timothy Fitzsimmons

Timothy Fitzsimmons

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McKesson: FCA Allows Taxpayer’s Motion

The Federal Court of Appeal has allowed the taxpayer’s motion to amend its Notice of Appeal to add a new ground of appeal and to file a Supplementary Memorandum of Fact and Law. The Court of Appeal stated that the...more

12/22/2014 - Appeals Tax Appeals

Update: TCC and FCA Appointments

Tax Court of Canada - Associate Chief Justice Eugene Rossiter has been appointed as the next Chief Justice of the Tax Court of Canada. Justice Rossiter replaces current Chief Justice Gerald Rip, who has elected to...more

12/17/2014 - Canada Judges Political Appointments Tax Court

Legge: Improper Pleading Fatal to Crown’s Case

What must the Crown plead and how must she plead it? This question became an issue in the Tax Court’s recent decision in Legge v. The Queen (2014 TCC 360), in which the Tax Court allowed a taxpayer’s appeal due to the...more

12/10/2014 - Canada Pleading Standards Tax Appeals

Guindon: SCC Hears Arguments in Penalty Case

The Supreme Court of Canada heard oral arguments today in the case of Guindon v. The Queen (Docket No. 35519). At issue in the case is the nature of the third-party penalty in section 163.2 of the Income Tax Act....more

12/8/2014 - Canada Income Taxes Third-Party Liability

CRA Announces Collaboration with CPA Canada

As expected, the CRA has formally announced the details of its collaborative efforts with CPA Canada. The CRA recently spoke about this collaboration at the Toronto Centre CRA-Tax Professionals breakfast seminar....more

12/1/2014 - Accountants Canada CRA

McKesson: Additional Submissions on Motion

In the most recent developments in the McKesson transfer pricing case, the Respondent has filed its Written Representations in response to the Appellant’s motion to raise new issues on appeal, and the Appellant has filed a...more

12/1/2014 - Appeals Canada McKesson Technologies Transfer Pricing

Brogan Family Trust: CRA Not Entitled to Notice of Rectification Application

Is the CRA entitled to notice of a rectification application? In Brogan Family Trust (2014 ONSC 6354), the Ontario Superior Court of Justice said “no”, and dismissed the Crown’s motion to set aside an earlier...more

11/14/2014 - Canada Family Trusts Tax Planning

McKesson: Taxpayer Seeks to Raise Additional Issue on Appeal

The transfer pricing case of McKesson v. The Queen has raised procedural issues that are without precedent in Canadian tax cases. This week, those procedural issues became a central part of the matters that will be considered...more

11/6/2014 - Appeals Canada Income Tax Act Income Taxes Tax Liability

Guindon: SCC Hearing Scheduled for December 5, 2014

The highly-anticipated appeal to the Supreme Court of Canada in Guindon v The Queen has been scheduled for hearing on December 5, 2014, and the parties have now filed their factums in the appeal. The appeal concerns...more

10/27/2014 - Canada Income Tax Act Income Taxes SCC Tax Liability Third-Party Risk

Federal NFP Corporations Act: What’s Next?

Companies incorporated under the Canada Corporations Act (Part II) were required to be continued under the new Canada Not-For-Profit Corporations Act on or before October 17, 2014. Industry Canada has published a Q&A...more

10/22/2014 - Canada Ontario Not-for-Profit Corporations Act Ontario's Business Corporations Act

Beware of Tax Phishing Scams

We have recently become aware (again) of fake emails purporting to emanate from the CRA and informing the recipient that he/she has received an Interac email money transfer (i.e., a surprise refund). Generally, the...more

10/15/2014 - Canada Income Taxes Phishing Scams Scams

Whose Mistake? Ontario Sup. Ct. Rectifies Trust Deed

Most tax rectification cases address situations in which a professional advisor has made a mistake in the planning and execution of a transaction with the result that an unintended tax consequence follows (i.e., payment of a...more

10/9/2014 - Canada Dividends Income Taxes Tax Liability Trust Deeds

Finance Releases Annual Financial Report for 2013-14

The Department of Finance has released the “Annual Financial Report of the Government of Canada Fiscal Year 2013–2014?. Highlights include: - The Government posted a budgetary deficit of $5.2 billion for the fiscal...more

10/8/2014 - Canada Federal Budget Financial Reporting

McKesson: Trial Judge Recuses Self From Two Remaining Issues in Transfer Pricing Case

In McKesson v. The Queen (2014 TCC 266), Justice Patrick Boyle recused himself from the two remaining issues with which he was seized in the transfer pricing case – costs and the content of the court’s public file (i.e., the...more

9/11/2014 - Recusal Transfer Pricing

Tax Reminders? Now There’s an App For That

We have previously blogged about litigation apps and the absence of Canadian litigation and tax litigation apps. Yesterday, the Canada Revenue Agency introduced a new tool for tax compliance with the release of the...more

8/25/2014 - Business Taxes Canada Income Taxes

Communications With Experts: Moore v. Getahun and the Advocates’ Society Report

An expert does not draft his/her report in a vacuum. Communication with counsel is required. Ultimately, an expert must provide independent and objective evidence at a hearing. So the question arises as to what amount of...more

7/18/2014 - Canada Subject Matter Experts Tax Court

CRA: Tax treatment of Ponzi scheme investments

We have previously written about court decisions on the tax results arising from taxpayers’ (failed) investments in Ponzi schemes (see our posts on Roszko v. The Queen (2014 TCC 59), Johnson v. The Queen (2011 TCC 54) and...more

7/11/2014 - CRA Ponzi Scheme

Health Quest: Appeal allowed where Crown failed to properly plead assumptions

What is the result of the Crown’s failure to properly plead its assumptions in the Reply? This issue was considered by the Tax Court in Health Quest Inc. v. The Queen (2014 TCC 211) in which the Crown’s Reply included...more

7/10/2014 - Audits Canada Corporate Taxes Tax Court

Van Helden: Private Piano Lessons Not Eligible for Tuition Tax Credit

Under subsection 118.5(1) of the Income Tax Act, an individual taxpayer may claim a tax credit in respect of certain qualifying tuition fees. Pursuant to paragraph 118.5(1)(a), the following requirements apply: (i) the...more

6/17/2014 - Canada Qualified Tuition Expenses Tax Credits Tuition

FCA Warns Parties on Adjournment Requests

In recent years the Tax Court of Canada has strictly applied the requirements for adjournments and timetable amendments as described in the Court’s Practice Note No. 14. We understand this may have been prompted by a practice...more

6/16/2014 - Adjournment Appeals Canada Tax Court Time Extensions

Morris Meadows: Judge Declines Job Offer and Workers Were Employees

In Morris Meadows Country Holidays and Seminars Ltd. v. M.N.R. (2014 TCC 191), the Tax Court considered whether certain workers were employees or independent contractors....more

6/11/2014 - Canada Classification Employer Liability Issues Independent Contractors Job Offers Misclassification

Bakorp: Appeal Dismissed For Failure To Comply With Large Corporations Rules

In Bakorp Management Ltd. v. The Queen (2014 FCA 104), the Federal Court of Appeal upheld a decision of the Tax Court dismissing the taxpayer’s appeal for failure to comply with the rules relating to objections and appeals...more

5/7/2014 - Administrative Appeals Appeals Corporate Taxes Tax Court UK

More Guidance From The CRA On Bitcoin Activities And Transactions

Following the recent IRS publication on the U.S. tax treatment of bitcoin activities and transactions, the CRA has issued further guidance on the Canadian tax issues arising in respect of the virtual currency....more

4/25/2014 - Bitcoins Canada CRA IRS

There’s A Litigation App For That?

We were intrigued to learn that KosInteractive LLC has created the U.S. “Fed Courts” app for Android and Apple devices which contains helpful information about U.S. federal courts rules of procedure and court information. The...more

3/26/2014 - Mobile Apps

CRA Provides Update On NPO Project

In 2009, the CRA commenced a broad review of the non-profit organization sector. You or your clients may have received a CRA questionnaire asking that the NPO provide information or documents in respect of its structure,...more

3/7/2014 - Canada Charitable Organizations CRA Non-Profits

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