Fitzmaurice Brothers Custom Carpentry Inc. v. The Queen, docket 2001-1-IT-I (Informal Procedure)

Date: 20010703

Docket: 2001-1-IT-I

BETWEEN:

FITZMAURICE BROTHERS CUSTOM CARPENTRY INC.,

Appellant,

and

HER MAJESTY THE QUEEN,

Respondent.

Supplement Reasons for Judgment

Teskey, J.

[1]            At the conclusion of this appeal I gave reasons from the bench. In these reasons I said that the reason I was allowing these appeals was because neither Douglas nor David had seen their personal tax returns.

[2]            On reflection, I realize that this only holds truth for the 1995 taxation year. Since Douglas and David ought to have found the errors in April of 1996 when completing their 1995 T1 tax returns, their gross negligence led to the corporation tax returns for the taxation year October 31, 1996 when prepared after that date to also be incorrect.

[3]            For these supplementary reasons the penalties for the 1996 assessment will not be removed.

[4]            The appeal is allowed, without costs, and the assessments made under the Income Tax Act for the 1995 and 1996 taxation years are referred back to the Minister of National Revenue for reconsideration and reassessment, on the following basis:

                For 1995, all penalties are to be deleted and the Appellant is to be allowed a further deduction for wages of $1,650.

                For 1996, the Appellant is to be allowed a further deduction for wages of $26,600 and the penalties to be recalculated on the revised taxable income.

[5]            The Appellant is not entitled to any further relief.

Signed at Ottawa, Canada this 3rd day of July, 2001.

"Gordon Teskey"

J.T.C.C.

COURT FILE NO.:                                                 2001-1(IT)I

STYLE OF CAUSE:                                               Fitzmaurice Brothers Custom Carpentry Inc.

                                                                                                and Her Majesty the Queen

PLACE OF HEARING:                                         Toronto, Ontario

DATE OF HEARING:                                           June 19, 2001

REASONS FOR SUPPLEMENT

JUDGMENT BY:                                                   The Hon. Judge Gordon Teskey

DATE OF JUDGMENT:                                       July 3rd, 2001

APPEARANCES:

Agent for the Appellant:                     Richard Onley

Counsel for the Respondent:              Suzanne Bruce

COUNSEL OF RECORD:

For the Appellant:                

For the Respondent:                             Morris Rosenberg

                                                                                Deputy Attorney General of Canada

                                                                                                Ottawa, Canada

2001-1(IT)I

BETWEEN:

FITZMAURICE BROTHERS

CUSTOM CARPENTRY INC.,

Appellant,

and

HER MAJESTY THE QUEEN,

Respondent.

Appeals heard together with the appeals of David Fitzmaurice

(2001-2(IT)I) and Douglas Fitzmaurice (2001-3(IT)I)

on June 19, 2001 at Toronto, Ontario by

the Honourable Judge Gordon Teskey

Appearances

Agent for the Appellant:                                          Richard Onley

Counsel for the Respondent:                                   Suzanne Bruce

JUDGMENT

          The appeals from the assessments made under the Income Tax Act for the 1995 and 1996 taxation years are allowed without costs, and the assessment is referred back to the Minister of National Revenue for reconsideration and reassessment, on the following basis:

          For 1995 all penalties are to be deleted and the Appellant is to be allowed a further deductions for wages of $1,650.

          For 1996 the Appellant is to be allowed a further deductions for wages of $26,600. and the penalties to be recalculated on the revised taxable income.

          The Appellant is not entitled to any further relief.

Signed at Ottawa, Canada, this 3rd day of July, 2001

"Gordon Teskey"

J.T.C.C.