Pension Plan for Presidents of 1398874 Ontario Inc. v. Canada (National Revenue), 2010 DTC 5030 [at at 6634], 2010 FCA 14 -- summary under Regulation 8502

The taxpayer was incorporated by a retiring police officer to set up an individual pension plan, into which he transferred the commuted value of his pension from OMERS. In dismissing the taxpayer's appeal of the Minister's notice of intent to revoke the individual pensions plan, the Court concluded that the Minister had been correct in determining that the purpose of the taxpayer in establishing the plan was to shelter the commuted value of his OMERS pension and to withdraw surplus (which, in fact, he did the day after he made the transfer into his new plan), rather than to provide periodic payments until death.