Bannerman v. Minister of National Revenue, 59 DTC 1126, [1959] CTC 214, [1959] S.C.R. 562 -- summary under Legal and other Professional Fees

By services, 28 November, 2015

When the taxpayer discovered that his co-shareholder had been diverting company funds for his own use during the previous few years, he brought a successful judicial application for a winding-up order. His expenses respecting applying for the winding-up order including legal expenses and travelling expenses were non-deductible given that his action to commence the winding-up proceedings was taken in order to remove his co-shareholder from the position he occupied in the company's affairs by reason of his casting vote, and in light of the fact that the receipt by the taxpayer of a deemed dividend was "very unlikely".

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