Desmarais v. The Queen, 2013 DTC 1044 [at at 2804], 2013 TCC 356 (Informal Procedure) -- summary under Subparagraph 152(4)(a)(i)

The taxpayer was assessed a penalty for failure to file T1134 forms, which provided that filing was not required if the corporation had gross receipts of less than $25,000 in a year and at no time in the year did its assets exceed $1,000,000. As the reassessment was made outside the normal reassessment period, the Crown had the burden of establishing misrepresentation based on neglect etc. After describing the very substantial uncertainties associated with valuation of the corporation in question, Favreau J stated (at para. 37) that the taxpayer "made a thoughtful, deliberate and careful assessment of the value of OREX's investment."