Docket:
2002-984-IT-I
BETWEEN:
CORRADO
MORANA,
Appellant,
and
HER MAJESTY
THE QUEEN,
Respondent.
Reasons
for Judgment
(delivered
orally from the bench at
Toronto,
Ontario, on September 11, 2002)
O'Connor, J.T.C.C.
[1]
I accept the credibility of the Appellant. I am influenced by the
decision of the Supreme Court of Canada in Stewart v.
Canada, [2002] S.C.J. No. 46 with respect to reasonable
expectation of profit.
[2]
I sincerely believe that the Appellant's experience and
interest in the audio and musical fields should not be a
prejudice against him.
[3]
I believe his was conducting at lest two separate businesses as a
source of income and I must admit I do have difficulty with some
of the expenses which have been claimed. Rather than examining a
McDonald's bill for $1.60 and all of the other bills that
have been submitted, I am suggesting that the offer of the
Appellant to a certain compromise should be accepted.
[4]
Consequently, my judgment is that the appeals from the
reassessments made under the Income Tax Act for the 1998
and 1999 taxation years are allowed, with costs, and the
reassessments are referred back to the Minister of National
Revenue for reconsideration and reassessment to the extent only
that the total income tax liability regarding the Sound Studio
for the years 1998 and 1999 and the Public Paralegal-Public
Process Servers for the year 1999, being the businesses, the
expenses of which were in issue, shall be $3,000.00.
Signed at
Ottawa, Canada, this 29th day of October, 2002.
J.T.C.C.COURT
FILE
NO.:
2002-984(IT)I
STYLE OF
CAUSE:
Corrado Morana v. The
Queen
PLACE OF
HEARING:
Toronto, Ontario
DATE OF
HEARING:
September 11, 2002
REASONS FOR
JUDGMENT
BY:
The Honourable Judge O'Connor
DATE OF
REASONS:
October 29,
2002
APPEARANCES:
Counsel for
the
Appellant:
Thomas H. Riesz
Counsel for
the
Respondent:
Namanthika Kaneira
COUNSEL OF
RECORD:
For the
Appellant:
Name:
Firm:
For the
Respondent:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Canada
2002-984(IT)I
BETWEEN:
CORRADO
MORANA,
Appellant,
and
HER MAJESTY
THE QUEEN,
Respondent.
Appeal heard
on September 11, 2002 at Toronto, Ontario by
the
Honourable Judge Terrence O'Connor
Appearances
Counsel for
the Appellant: Thomas H. Riesz
Counsel for
the
Respondent:
Namanthika Kaneira
AMENDED
Judgment
Whereas this Court issued a Judgment dated September 19, 2002 in
this appeal;
And whereas counsel for the Respondent in a letter dated October
11, 2002 has requested the Court to amend the said Judgment to
clarify the oral reasons given from the Bench;
This Court amends the Judgment as follows:
The appeals from the reassessments made under the Income Tax
Act for the 1998 and 1999 taxation years are allowed, with
costs, and the reassessments are referred back to the Minister of
National Revenue for reconsideration and reassessment to the
extent only that the total income tax liability regarding the
Sound Studio for the years 1998 and 1999 and the Public
Paralegal-Public Process Servers for the year 1999, being the
businesses, the expenses of which were in issue, shall be
$3,000.00.
The Reasons
for Judgment delivered orally from the Bench on
September 11, 2002 are amended so as to conform with
this Amended Judgment.
Signed at
Ottawa, Canada, this 29th day of October,
2002.
J.T.C.C.
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