Principal Issues: Whether a refund may be issued where the application for the refund was not made prior to the statute barred date, however a valid waiver identifying specific issues was filed with the Minister within the normal reassessment period.
Position: No, unless the request for refund is based on issues which are identified in the waiver.
Reasons: Paragraph 164(1)(b) does not provide for a refund beyond the period within which the Minister would be allowed under subsection 152(4) to assess tax payable, regardless of whether a waiver was filed for the taxation year.