Subsection 161(1) - General
Cases
Canada v. Zelinski, 2000 DTC 6001 (FCA)
The Court rejected the submission of the taxpayer that given that s. 158(8) deemed an assessment to be valid and binding until the time of the...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 39 - Subsection 39(1) - Paragraph 39(1)(a) - Subparagraph 39(1)(a)(i.1) | 212 | |
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Commodities, and commodities futures and derivatives | paintings acquired on capital account for donation | 136 |
Wargacki v. The Queen, 92 DTC 6336 (FCTD)
Joyal J. recommended that the Crown remit interest on the tax payable by the taxpayer that accrued between June 17, 1986 and the date his formal...
Her Majesty the Queen v. Union Gas Limited, 90 DTC 6659, [1991] 1 CTC 1 (FCA)
For its 1978 taxation year ending March 31, 1978 the taxpayer remitted $8,916,000 and then in June 1978 directed Revenue Canada to apply...
Rath v. The Queen, 82 DTC 6175, [1982] CTC 207 (FCA)
The taxpayer’s employer deducted amounts from his salary and remitted such amounts on his behalf as payment towards his tax liability for his...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 178 - Subsection 178(1) | 31 | |
| Tax Topics - Income Tax Act - Section 62 | 51 |
Galway v. M.N.R., 74 DTC 6247, [1974] CTC 313 (FCA)
On an application for a consent judgment, the Court of Appeal lacked the jurisdiction to refer an assessment back to the Minister to reassess the...
See Also
Quinco Financial Inc v. The Queen, 2016 TCC 190
In 2009, the Minister reassessed the taxpayer under GAAR for its taxation year ending August 27, 2004 to deny the tax benefit from a revised...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(2) | taxpayers can be required to apply GAAR to themselves | 147 |
J.K. Read Engineering Ltd. v. The Queen, 2014 DTC 1216 [at 3872], 2014 TCC 309
After finding that GAAR applied to deny capital losses of the taxpayers from the time of the abusive transactions giving rise to them rather than...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Res Judicata | weight of obiter depends on fulness of argument | 93 |
| Tax Topics - General Concepts - Stare Decisis | weight of obiter depends on fullness of argument | 93 |
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(7) | GAAR applies to impose liability for abusive transactions from inception | 254 |
Ford v. The Queen, 95 D.T.C 848 (TCC)
The taxpayer did not file a 1991 return on or before April 30, 1992 because she had no income tax payable for that year. When a subsequent court...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 162 - Subsection 162(1) | 94 |
Administrative Policy
91 C.R. - Q.61
RC will credit a voluntary payment as being on account of the year subject to a waiver effective from the date of payment where RC has identified...
10 June 1991 T.I. (Tax Window, No. 4, p. 23, ¶1290)
Where RC agrees to a request to substitute one type of loss for another and there is no Part I tax either on the original assessment or the...
87 C.R. - Q.73
RC has established tolerances to provide relief where payments are received within certain time frames and where interest to the date of payment...
Subsection 161(2) - Interest on instalments
Administrative Policy
93 C.R. - Q. 50
Since the introduction of the instalment reminder system in March 1992, it has been departmental policy to charge neither instalment interest nor...
86 C.R. - Q.66-69
Re change from contra method to deficiency method; and maintenance of instalment accounts.
85 C.R. - Q.32
RC will permit a transfer of instalment payments previously made to the account of the same taxpayer for a later or earlier taxation year, and a...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 164 - Subsection 164(2) | 28 |
Subsection 161(2.2) - Contra interest
Administrative Policy
87 C.R. - Q.74
Discussion of interest offset method.
Subsection 161(4.1) - Limitation — corporations
See Also
I.G. (ROCKIES) Corp. v. The Queen, 2005 DTC 289, 2005 TCC 51 (Informal Procedure)
For the purpose of computing interest on late and deficient instalment payments, the taxpayer was entitled to utilize the instalment method in s....
Subsection 161(7) - Effect of carryback of loss, etc.
Cases
Connaught Laboratories Limited v. The Queen, 94 DTC 6697 (FCTD)
When the taxpayer was reassessed for its 1981 taxation year on the basis that it had realized a taxable capital gain, it choose to eliminate the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Interpretation Bulletins, etc. | 31 |
See Also
Zandi v. The Queen, 2012 DTC 1246 [at 3707], 2012 TCC 259 (Informal Procedure)
The taxpayer filed his 2007 and 2008 returns on 29 July 2009. He had $289,707,38 of taxable capital gains for 2007, which was reduced to...
Administrative Policy
29 March 2011 External T.I. 2009-0351721E5 - Interest/ Penalty on Taxpayer-Requested Adjustment
Where a taxpayer which is a member of an associated group requests a reduction to nil in in the small business limit allocated to it under s....
93 C.R. - Q. 49
Where three years subsequent to the claiming of a capital gains exemption, it is determined that the capital gain should actually have been...
88 C.R. - F.Q.9
Interest may be payable on a reassessment of a taxation year even if the resulting taxable income then is reduced by the carryback of a subsequent...
86 C.R. - Q.70
Interest on unpaid taxes arises where a taxable capital gain of year 2 originally is offset by a non-capital loss of year 1, then that non-capital...