Blackburn Radio - Tax Court decision casts doubt on whether there is a limitation period for loss years

Woods J. dealt with with an unsuccessful attempt by the Minister to make consequential adjustments to other taxation years after a previous Tax Court decision had found that the Minister's reassessment of the taxpayer's 1999 taxation year was statute-barred.

She noted obiter that there was authority (Interior Savings Credit  and Okalta Oils) that a nil assessment is not an assessment for purposes of the Act.  If this proposition is correct, it indicates (contrary to the CRA position - see 28 February 1991 T.I. 8621-4) that the limitation period (normally three or four years) does not start to run with a nil assessment.

Neal Armstrong.  Summaries of Blackburn Radio v. The Queen, 2012 TCC 255 under s. 152(4.3), 152(4) and 171(1).