In rejecting the taxpayer’s submission (in the context of the Minister having carried back, at the taxpayer’s request, a non-capital loss to offset increased income in an earlier year pursuant to an audit adjustment, “that where the Minister proposes to reassess for her own reasons (i.e., an audit adjustment) … the Minister has no ability to refuse the carryback request in these circumstances because a taxpayer has a statutory right to claim a loss carryback by virtue of paragraph 111(1)(a)” (para. 41), Woods JA stated (at para. 42):
The Minister has the right to reject a taxpayer’s request for a loss carryback. The point was made in Greene … 95 D.T.C. 5684 … that the Minister only has to consider a request, not necessarily issue a reassessment granting the request.