Income tax
SCC Decision: January 8, 2009
Submitted by Andrew Pilliar on Fri, 2009-01-09 11:54Lipson v. Canada, 2009 SCC 1
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(Tax / Income Tax / GAAR)
L and his wife bought a family residence, then entered a series of transactions involving a mortgage and a loan to buy shares in a family corporation. Mortgage funds were used to repay the share loan, and L deducted mortgage interest payments and reported share taxable dividends over the following years. The Minister of National Revenue disallowed the deductions. The Court held that under the general anti-avoidance rule ("GAAR"), the deductions should be disallowed.
Majority/Dissent/Dissent: 4/2/1
SCC Decision: May 22, 2008
Submitted by Andrew Pilliar on Thu, 2008-05-22 06:58R. v. McLarty, 2008 SCC 26
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(Taxation / Income tax)
In 1992, M bought an interest in proprietary seismic data, with payment satisfied by a down payment and a promissory note, repayable according to a somewhat complex scheme. M treated his purchase as a largely deductible expense, but was reassessed. The Court found that M was entitled to his deduction, since he incurred an absolute liability. M and the seller dealt with each other at arm's length.
Majority/Dissent: 7/2
SCC Decision: July 12, 2007
Submitted by Andrew Pilliar on Thu, 2007-07-12 08:30SCC decision: May 10, 2007
Submitted by Andrew Pilliar on Thu, 2007-05-10 07:59(Tax / Provincial Taxation Power / Constitution)
