The St. Benedict Catholic Secondary School Trust (the “Trust”) had a leasehold interest in the school bearing its name and surrounding land (class 13 property). From 1997 to 2003, the Trust claimed CCA and triggered non-capital losses (“NCLs”).
Disallowed Deductions / Déductions refusées
There Must Be an Intention to Profit for a Business to Exist
In Canada v. Paletta, the Federal Court of Appeal clarified that, in order for a business to exist, there must be an intention to earn a profit. Absent such intention, there is no business and therefore no “source of income”.
Lending Activity Did Not Possess the Positive Indicia of a “Business”
The appellant was a businessman who made his fortune in the oil and gas industry. In order to fructify his capital, he decided to lend money to third parties. When two companies to which he lent money went bankrupt, he claimed business losses in relation to the loans he made to these two companies.
Question de raisonnabilité
L’arrêt Gervais Auto Inc. c. Agence du revenu du Québec est intéressant parce qu’il revient sur le fardeau de preuve du contribuable lorsque celui-ci fait appel d’une cotisation fiscale.
Taxpayers Have the Burden to Demonstrate That a Tax Assessment Is Incorrect by Precise and Probable Proof
Unidisc musique inc. (“Unidisc”) is a company that sells music records. In the normal course of its business, it purchases master tapes of recordings of music (“master records”) in order to make copies of good quality for resale.