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Canada, 2024 FCA 192, leave granted 22 May 2025 (41643)-- summary under Certainty Summary Under Tax Topics- Statutory Interpretation- Certainty Parliament seeks certainty, predictability and fairness In rejecting a submission of the taxpayer that s. 161(7)(b)(iv) was inapplicable to the computation of interest in the situation where its request to carryback a loss to an earlier year was in response to a proposed audit adjustment for the earlier year rather than the situation of a carryback request not being prompted by an unforeseeable adjustment, Woods JA found that, given that “Parliament seeks certainty, predictability and fairness in tax legislation … [i]f Parliament did not intend to impose interest when a loss carryback is claimed as a result of an audit adjustment, it is likely that Parliament would have provided for this with explicit language” (para. 39). ...

The King, 2023 TCC 167-- summary under Subsection 215(6) Summary Under Tax Topics- Income Tax Act- Section 215- Subsection 215(6) CRA decisions to make “protective assessments” of the dividend recipients under s. 212(2) in addition to assessing the dividend payers under s. 215(6) was troubling under Galway Regarding the CRA decisions to not only assess the dividend payer under s. 215(6) but also make “protective assessments” of the dividend recipients under s. 212(2), Goyette JA stated (at para. 106): The Crown’s position is troubling as it seemingly contradicts the Minister’s statutory duty to assess and make decisions based on the facts and the law and to not make deals or take positions that are divorced from these considerations [citing inter alia Harris and Galway] …. ...

In rejecting a submission that this represented a harsh result, Woods J noted that the effect reversed in the following year – and in any event "it is well established that this Court cannot grant relief on grounds only that the result is harsh: Lans v The Queen, 2011 FCA 290. ...

Holdings …. ...

In his dissenting reasons, Marceau J.A. stated (at p. 6628) that a finding of no reasonable expectation of profit " necessarily affects all expenses and not only, as the Minister's assessments would have it, those in excess of the fees earned". ...

In his dissenting reasons, Marceau J.A. stated (at p. 6628) that a finding of no reasonable expectation of profit " necessarily affects all expenses and not only, as the Minister's assessments would have it, those in excess of the fees earned". ...

In contrast with the situation in the United Kingdom, "neither the Minister of National Revenue nor his employees have any discretion whatever in the way in which they must apply the Income Tax Act " (p. 5317). ...

. … What was being done throughout the definition of “farming” was the adoption of short “tags” to indicate different types of operations. ...

. … It is therefore apparent that the purpose of the subsidy is unequivocal and that the link with the supply in question is equally unequivocal; the service must be provided, failing which the subsidy may be cancelled. ...

In rejecting a submission of the Crown that this transaction resulted in a misuse of such withholding tax exemption because the transaction did not result in the taxpayer "accessing funds in an international capital market" (para. 25) (which the Crown suggested was the purpose of the exemption, based on a brief statement in the related Budget papers respecting its introduction) Sharlow, J.A. noted (at para. 37) that the Crown had been unable to "establish by evidence and reasoned argument that the result of the impugned transaction is inconsistent with the purpose of the exemption, determined on the basis of a textual, contextual and purposive interpretation of the exemption " (emphasis in the original) and that "no trace of the alleged fiscal policy can be discerned or reasonably inferred from subparagraph 212(1)(b)(vii) itself, from the statutory scheme of which subsection 212(1)(b)(vii) is a part, or from any other provision of the Income Tax Act that could possibly be relevant to the textual, contextual and purposive interpretation of subparagraph 212(1)(b)(vii). ...