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In addition, BP “did not refuse to order compliance with the Minister’s request for information solely because the audit for a specific year had concluded, but because the information had been requested for broader purposes, other than the issues identified in the audit, and the issues identified in the audit had already been addressed,” whereas here, “the Minister identified the specific purpose of the Request for Information related to the 2016 audit … [which] information has not been provided and the issue identified in the audit has not been resolved” (paras. 129, 131). Although the spreadsheet had some aspects of a tax accrual working paper (“TAWP”) considered in BP, there the “FCA’s caution was against imposing an obligation to self-audit” (para. 153), whereas here “[u]nlike BP, the concerns arising from the tax year under audit have not been addressed … [and] the Minister has not sought access to the MSPM (whether or not it is a TAWP) without advancing a particular justification” (para. 152). ...

Before going on to note (at para. 52) the similarity of Paletta to Moloney (as both cases involved “an attempt to pass off as a business an activity that is aimed exclusively at avoiding one’s tax”), he indicated (at para. 48) that “ Backman illustrates the point that activities devoted solely to the avoidance of one’s tax cannot give rise to a business under the Act.” ... " He stated (at para. 59): “ Friedberg confirms that the straddle trading strategy can legitimately be used to reduce one’s tax when the trades are made in the course of a business, but it can find no application where, as here, there is no source of income to begin with.” ...

BlackRock HoldCo 5, LLC v Commissioners for His Majesty's Revenue and Customs, [2024] EWCA Civ 330-- summary under Paragraph 247(2)(b) Summary Under Tax Topics- Income Tax Act- Section 247- New- Subsection 247(2)- Paragraph 247(2)(b) 3rd-party covenants imputed in a transfer-pricing comparison of a cross-border inter-affiliate loan without them The structure for the acquisition by the BlackRock group of the U.S. target (“BGI”) entailed a BlackRock LLC (“LLC4”) lending US$4 billion to a wholly-owned LLC (“LLC5”) as well as injecting substantial equity into LLC5, with LLC5 using most of those proceeds to subscribe for preferred shares of the transaction Buyco (“LLC6” – which acquired all the shares of BGI). ... In rejecting the position of HMRC (and the finding in the Upper Tribunal) that the LLC5 interest deductions should be denied under these transfer-pricing rules on the basis that the loan transaction between the two enterprises (LLC4 and LLC5) was not one which would have been made by arm’s-length enterprises (i.e., LLC4 lacked covenants of LLC5 and BGI to ensure the flow of dividends to LLC5 from LLC6 to service the loan), Falk LJ first noted that “[i]n the real transaction, LLC4 had no need of any [such] covenants … because, quite independently of its ownership of LLC5, it had control of LLC6 and its subsidiaries, including BGI US (the ‘LLC6 sub-group’)” (para. 59). ...

Regarding the CRA position that, even if it had the discretion under s. 220(3) to accept the filing of a new T5013 return, no extension was appropriate, Régimbald J found (at para. 134) that CRA had failed to consider inter alia that its reassessment “would create injustices … given Onex’s cumulative representations indicating that they always intended to benefit from the ultimate tax result now provided by Bill C-43, and that their request was not an attempt at retroactive tax planning” – and that CRA had “failed to explain why, in its view, the ‘harsh consequences’ in this case better reflected Parliament’s intention” (para. 141). ...

The Minister had not pleaded backdating- only that the appellant had continued as a director – nor did she plead lack of due diligence. ...

., after finding the common law distinction between a contract for the sale of goods and a contract for work, labour and materials to be irrelevant, stated (p. 6318): "... the Respondent does not enter into pure service contracts, but, rather processes goods to the operator's/customer's specification which it utilizes to perform the specialized services required of it by its customer. ...

Malone J.A. also stated (at p. 6881): "... as indicated in Bon-Secours, once ambiguity becomes an issue, the legislative provision should be given a strict or liberal interpretation depending on the purpose underlying the provision. ...

. … For someone other than CTM to service the mortgages would, as a practical matter, be commercially infeasible and would be inimical to the raison d'être of the transaction. ...

La Reine, 2007 DTC 1619, 2007 TCC 338 (Informal Procedure)-- summary under Specified Member Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Specified Member In finding that the taxpayer was a specified member of a partnership that had been formed only for the purposes of flowing R & D deductions out to investors and which had no significant activity, Archambault J. noted (at para. 38): "In my view, it is completely contrary to the intent of the Act to argue that one possible reason for Mr. ...

The taxpayer did not change his life pattern with respect to his continuous employment and social connections in Taiwan (including caring for his parents there and spending over ¾ of his time there); and Mogan TCJ accepted the taxpayer's explanation that the Regina connection had been established in order to have his children educated in North America. ...