A taxpayer requested an adjustment to the taxpayer’s return which CRA determined to be in respect of fictitious employment expenses and false medical expenses. In confirming that CRA could reassess a penalty under s. 163(2) without being required first to reassess to allow the request adjustments, and then disallow them through a further reassessment, the Directorate stated:
In our view, in the context of the calculation of the Penalty, the expression "tax payable" in subparagraphs 163(2)(a)(ii) and 163(2)(c.2)(i) should be given the meaning of hypothetical tax payable because of the use of the conjunction "if", which introduces a condition, and the use of the conditional mode of the verbs "to have" and "to be", in those subparagraphs.