Chopp v. R., 98 DTC 6014, [1998] 1 CTC 407 (FCA) -- summary under Subsection 15(1)

By services, 28 November, 2015

In finding that there was a shareholder benefit conferred when the taxpayer's daughter, while an inexperienced bookkeeper, used corporate funds to pay part of the purchase price for a new home, Denault J.A. quoted (at p. 6015) with approval the following statement in the Tax Court below:

"I think a benefit may be conferred within the meaning of subsection 15(1) without any intent or actual knowledge on the part of the shareholder or the corporation if the circumstances are such that the shareholder or corporation ought to have known that a benefit was conferred and did nothing to reverse the benefit if it was not intended ... . If there is a genuine bookkeeping error with respect to a particular amount and that amount is truly significant ... a court may conclude that the error should have been caught ...".

Topics and taglines
Tagline
no intent required
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
334347
Extra import data
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"field_legacy_header": "<strong><em>The Queen v. Chopp</em></strong>, 98 DTC 6014, Docket: A-87-95 (FCA) <strong>[no intent required]</strong>",
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