Linden J A.:
We are not persuaded that the Trial Judge erred so as to require this Court to intervene. Promissory estoppel cannot apply so as to eliminate a statutory liability for tax. It is open to the appellant to apply under section 220(3.1) of the Income Tax Act for relief from liability for penalties and interest and, in light of the finding of the Trial Judge, the Minister may wish to assist. The carryback and carry forward provisions are still open to the appellant if the proper forms are filed. The appeal should be dismissed with costs.
Appeal dismissed.
In a situation where the taxpayer had misappropriated funds from 1986 to 1989, then effected restitution in 1990, Linden J.A. stated that "the carryback and carryforward provisions are still open to the appellant if the proper forms are filed".
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