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In allowing the Crown’s cross-appeal for those years, Dawson JA stated (at paras 75, 77 and 82): [T]he Tax Court’s concern about “when or how far into the future an advantage … will be considered as attributable to” abusive transactions did not justify a restrictive interpretation of the definition of advantage. … The ability to waive an advantage tax and reset an individual’s unused TFSA contribution room are the mechanisms intended to address the future impact of abusive transactions. … The anti-avoidance purpose of sections 207.01 and 207.05 supports a broad interpretation of the definition of “advantage”. … [W]hile the increase in value in the TFSA in 2010 and 2012 was directly attributable to the performance of the shares held in the TFSA each year, it was indirectly attributable to the swap transactions which increased the number of shares held in the TFSA and their value. ...

Favreau J then stated (at paras. 92-93): Since the MGICs, as a group of persons, controlled the Federation and the Federation controlled ProRé, the MGICs must be considered to also control ProRé by virtue of the simultaneous control principle set out in subsection 256(6.1) of the ITA, both immediately after and immediately before the disposition by the MGICs of the Class A shares of ProCap to ProRé. ...

However, KIK’s representatives (KPMG) immediately contacted the officer by email for an explanation and made submissions, and as part of further email exchanges the officer clarified that the items were not considered “same condition” as they were not exported in the same condition as imported since by filling the containers with a substance, a new product was created. ...

In also rejecting the single property argument, Fournier JCQ stated (at paras 551-552): [T]he assets acquired under the … franchise agreement must be considered separately for tax shelter determination purposes because they have different tax characteristics. ...

After noting (at para. 55) that the Canadian Pioneer case ([1980] 1 S.C.R) had found that the meaning of “banking … should be based on a formal, institutional approach rather than a substantive approach, in the sense of the functions of banking” so “that the use of the term ‘bank’ in the name of the entity, and whether it is regulated, are factors to be considered, rather than the actual activities that are conducted”, Woods JA found that the Tax Court had erred in finding that there was an implied requirement in “banking” that the receipt side of the business have an element of competition and that “the exclusion does not apply if a business simply manages its own funds “ (para. 57) and, indeed “Parliament has not explicitly required competition as an element of the foreign bank exclusion” para. 60). ...

Accordingly, the “refund” cannot be properly considered a tax refund owing to Mr. ...

The Queen, 2020 TCC 64, aff'd 2021 FCA 142-- summary under Subsection 152(6) Summary Under Tax Topics- Income Tax Act- Section 152- Subsection 152(6) a CRA policy to adjust loss carrybacks, to a reassessed year, beyond the s. 152(6) period, had no statutory authority The Minister assessed the taxpayer in 2010 under s. 160 respecting a transfer of $1 million in property made to it by an affiliate (“661”) for no consideration in 2003 at a time that CRA considered that 661 had an unpaid tax liability for 2000. ...

What is equally clear is that the maintenance of a fixed place of business which is of a preparatory or auxiliary character in the trade or business of the enterprise would not be considered to be a permanent establishment under Article 5. ...

NewAgco US charged what James Mann considered to be a reasonable mark-up over its costs, and paid fees to AgraCity for logistical and other related services. ...

Turning to the “personal and economic relations” test in Art 4(3)(c), the primary judge considered that the taxpayer’s personal relations were closer to Australia (given his emotional attachment to his family) than Thailand (where he nonetheless had a range of personal relations). ...