Thibaudeau v. The Queen, 95 DTC 5273, [1995] 1 CTC 382 (SCC) -- summary under Subsection 15(1)

By services, 28 November, 2015

S.56(1)(b), which required the inclusion of child maintenance payments in the hands of the recipient (in this case, the former wife of the payor) did not, when considered in conjunction with the corresponding deduction in s. 60(b) and in light of the requirement under family law to take the income tax position of the recipient into account, did not impose a burden on the recipient because there would be a corresponding gross-up for the amount of such tax in most instances and, because the income-splitting effect of the provisions made more resources available for the payment of maintenance.

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Drupal 7 entity ID
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