United States of America v. Harden, 63 DTC 1276, [1963] CTC 450, [1963] SCR 366 -- summary under Revenue Rule

By services, 28 June, 2016

The U.S. government obtained a judgment from a U.S. court for U.S. income taxes owing by the respondent, who now was resident in B.C. In affirming the findings below that this judgment was unenforceable in the B.C. Supreme Court, Cartwright J stated (at pp. 369, 371, SCR):

[T]he appellant [did not] question the well-established general rule...that a foreign state is precluded from suing in this country for taxes due under the law of the foreign state... .

[A] foreign State cannot escape the application of this rule, which is one of public policy, by taking a judgment in its own courts and bringing suit here on that judgment. The claim asserted remains a claim for taxes.

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U.S. tax judgment not enforceable in Canada
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Drupal 7 entity ID
367807
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