Fortino v. R., 97 DTC 55, [1997] 2 CTC 2184 (TCC), briefly aff'd on procedural grounds 2000 DTC 6060 (FCA) -- summary under Subsection 163(2)

By dwpv, 28 November, 2015

In finding that even if (contrary to her actual finding) that amounts received for non-compete covenants by the taxpayer were taxable, penalties would not have been applicable, Lamarre TCJ. stated (at p. 72):

"... considering all the different positions taken by the Minister to try to justify his own assessments, I do not see how we can attribute to the appellants a degree of negligence ... when especially they have obtained professional advice that the NCA payments were not taxable."

Topics and taglines
Topic
Income Tax Act - s. 163(2)
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
334821
Extra import data
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