liable

The Minister assessed the taxpayer to fully deny his charitable donation claim for his 2008 taxation year respecting his participation in a leveraged donation scheme (the “Scheme”). This assessment was made in reliance on s. 237.1(6.1), which prohibited a claim by a person in respect of a tax shelter where any person was liable to a penalty under s. 237.1(7.4) which was unpaid (here, four persons had been so assessed) and was made beyond the normal reassessment period in reliance on s.

The respondent was liable under s. 224(4) for its failure to respond to s. 224(1) demands (made both before and after the maturity of the GIC in which the trust was invested) in respect of proceeds of an RRSP where the annuitant had instructed the respondent on maturity of the GIC held in the plan to pay the proceeds directly to him immediately after the expiry of the time covered by the last of such demands. In finding that s. 224(1) was not restricted to debtor/creditor relationships, Isaac C.J., for the majority, stated (at para.

The taxpayer, which was a non-resident corporation that filed tax returns for the relevant taxation years late but with no tax owing, was liable to a penalty under s. 162(2.1). The ordinary meaning of the word "liable" ("responsible at law"), the contrasting use of the terms "liable" and "payable" in the relevant provisions and the fact that this interpretation was consistent with an interpretation that the enactment of s.

A non-resident corporation which failed to file corporate income tax returns but which had no income taxes payable in Canada was not subject to the penalty under s. 162(2.1) as it was not potentially subject to any penalty under s. 162(1) or (2) and therefore was not "liable to" a penalty under such provisions. However, it was subject to a penalty in the same amount under s. 162(7).