Morissette v. The Queen, 2013 DTC 1002 [at at 21], 2012 TCC 37 (Informal Procedure) -- summary under Subparagraph 6(1)(b)(vii)

By services, 28 November, 2015

CRA issued a directive stating that meal allowances of over $17 per meal would be considered unreasonable, and on that basis the taxpayer's employer treated his $20 meal allowances as a taxable benefit.

In allowing the taxpayer's appeal, Tardif J. found that:

  • the $17 threshold was arbitrary and unsubstantiated, and therefore there was no basis to conclude that $20 was unreasonable; and
  • whether an employer treats a benefit as a taxable benefit is ultimately irrelevant to its proper tax treatment, "particularly if it is the product of a superficial and arbitrary analysis" (para. 7).
Topics and taglines
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
338411
Extra import data
{
"field_legacy_header": "<strong><em>Morissette v. The Queen</em></strong>, 2013 DTC 1002 [at 21], 2012 TCC 37",
"field_override_history": false,
"field_sid": "",
"field_topic_category": "seealso"
}