autobus thomas inc. v. canada, [2001] 3 S.C.R. 5, 2001 SCC 64
Autobus Thomas Inc. Appellant
v.
Her Majesty The Queen Respondent
Indexed as: Autobus Thomas Inc. v. Canada
Neutral citation: 2001 SCC 64.
File No.: 27804.
2001: October 11.
Present: Gonthier, Iacobucci, Major, Bastarache, Binnie,
Arbour and LeBel JJ.
on appeal from the federal court of appeal
Income tax – Tax on large corporation – Capital –
Corporate taxpayer obtaining financing from bank to acquire new buses –
Minister of National Revenue reassessing indebtedness as part of taxpayer’s
capital under s. 181.2(3) of Income Tax Act – Minister’s reassessments
upheld.
APPEAL from a judgment of the Federal Court of Appeal
(2000), 254 N.R. 316, 2000 D.T.C. 6299, [2000] F.C.J. No. 231 (QL), dismissing
the taxpayer’s appeal from a decision of the Tax Court of Canada, 99 D.T.C.
259, [1999] 2 C.T.C. 2001, upholding the Minister of National Revenue’s
reassessments of the taxpayer. Appeal dismissed.
Daniel Bourgeois and Virginie
April, for the appellant.
Pierre Cossette and Marie-Andrée
Legault, for the respondent.
English version of the judgment of the Court delivered
orally by
1
Gonthier J. – Since we are essentially in agreement with the reasons of
Marceau J.A. and, in particular, his analysis of the relations between the
parties, we would all dismiss the appeal with costs.
Judgment accordingly.
Solicitors for the appellant: Pothier Delisle,
Sainte-Foy.
Solicitor for the respondent: Justice Canada, Montréal.
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