The taxpayer was a director, shareholder and employee of a corporation. He resigned from his directorship and employment in 2001. In that year, the corporation declared a $3.7 million bonus, withheld and remitted source deductions from this amount and recorded a loan to it from the taxpayer for the remaining amount of the bonus. In 2002, the taxpayer directed that $350,000 be paid to each of two corporations controlled by the taxpayer or his wife (purportedly for management services notwithstanding that these corporations were not organized until 2002), and the balance to him.
Jorré J. found that as the full amount of the bonus was received by the taxpayer in 2001 (in light inter alia of his lending the amount of the bonus net of source deductions back to the corporation), the full amount of the bonus was income to the taxpayer under s. 5(1) in 2001. Accordingly, s. 56(2) could have no application when $700,000 of this amount was directed by him to be paid to the two other corporations in 2002.