The taxpayers or their spouses donated cash and, in some instances, household goods to a registered charity. The Minister assumed that the taxpayers "in consideration for a charitable receipt from [the charity,] would pay 10% of the face value of the receipt amount, plus a commission, to her tax preparer." The taxpayers did not succeed in establishing that they donated more than 10%.
After stating (at para. 61) that "the issuance of an inflated tax receipt should not usually be considered a benefit that negates a gift," and that although "the appellants likely knew that they were claiming inflated tax credits ... this is not a sufficient reason to deny the tax credits altogether" (para. 64), Woods J found that the taxpayers were eligible for credits based on 10% of the receipt amounts, and directed that any penalties be deleted. As to whether the taxpayers had donative intent (whose absence would vitiate a "gift"), the Minister had not raised this issue in pleadings.