In deleting a penalty for gross negligence assessed on the taxpayer in connection with a net worth assessment, Webb, J. stated (at para. 53) that:
"While [the taxpayer] was careless or neglectful, I am not satisfied that the Respondent has established that he had the requisite mens rea to justify the imposition of the penalty under subsection 163(2) of the Act. He believed that he could withdraw funds from his company as payment on the amount that the company owed to him, although he was obviously careless about keeping track of whether the funds he was withdrawing exceeded the amount that the company owed to him."