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By services, 11 November, 2020

YELLOW POINT LODGE LTD. v. HER MAJESTY THE QUEEN, 2020 FCA 195 -- summary under Subsection 118.1(11)

A taxpayer, who donated an interest in ecologically sensitive land to two qualified donees in 2008, unsuccessfully argued that the gift was not made until 2009 for purposes of computing the five-year (now 10-year) carryforward period described in s. 110.1(1)(d)(iii), because it was not until 2009 that he received the certification from the Minister of the Environment as to the land's ecologically sensitive nature and value that was required under that provision.

8 October 2008 Internal T.I. 2008-0269581I7 - statute-barred refund -- summary under Subsection 164(1)

The corporate taxpayer requested that CRA exercise its discretion under any of ss. 220(2.1), 220(3) and 221.2(1) to refund an overpayment where the taxpayer had not filed its tax return within the three year time period specified in s. 164(1). In rejecting this request, CRA stated:

[T]the Ministerial discretion contained in subsections 220(2.1) and 220(3) is only applicable to provisions such as subsection 150(1). Accordingly…subsections 220(2.1) and 220(3) have no application to subsection 164(1).

Furthermore:

By services, 28 November, 2015

Sherman v. The Queen, 2000 DTC 1523 (TCC) -- summary under Section 127.531

In affirming the taxpayer's ability to deduct charitable credits in computing his AMT without also deducting them in computing his liability for tax under Division E, Hamlyn TCJ. stated (at p. 1525):

"Parliament's choice of the word 'may be deducted' is clear and precise: 'may' is permissible [sic] and not mandatory. The words do not lend themselves to an interpretation 'may be deducted and were deducted'".

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