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The relevant parts of this definition of tax shelter are as follows: “tax shelter” means « abri fiscal » … […] (b) […] a property (including any right to income) […] in respect of which it can reasonably be considered, having regard to statements or representations made or proposed to be made in connection with the […] the property, that, if a person were to […] acquire an interest in the property, at the end of a particular taxation year that ends within four years after the day on which the […] interest is acquired, b) […] bien (y compris le droit à un revenue), […] pour lequel il est raisonnable de considérer, compte tenu de déclarations ou d’annonces faites ou envisagées relativement […] au bien, que, si une personne devait conclure […] acquérir une part dans le bien, le montant visé au sous-alinéa serait, à la fin d’une année d’imposition qui se termine dans les quatre ans suivant le jour […] la part, acquise égal ou supérieur au montant visé au sous-alinéa (ii)  (i) the total of all amounts each of which is (i) le total des montants représentant chacun  (A) an amount, or a loss in the case of a partnership interest, represented to be deductible in computing the person's income for the particular year …, or (A) un montant ou, dans le cas d’une participation dans une société de personnes, une perte qui est annoncé comme étant déductible dans le calcul du revenue de la personne pour l’année […] ou, … […] would equal or exceed (ii) the amount, if any, by which (ii) l’excédent éventuel du montant visé à la division (A) sur le total visé à la division (B)  (A) the cost to the person of […] the interest in the property at the end of the particular year, determined without reference to section 143.2, would exceed (A) le coût, pour la personne, […] de la part dans le bien à la fin de l’année, déterminé compte non tenu de l’article 143.2, (B) the total of all amounts each of which is the amount of any prescribed benefit that is expected to be received or enjoyed, directly or indirectly, in respect of the […] interest in the property, by the person or another person with whom the person does not deal at arm's length. ...

He did not change his driver’s licence because he was too busy. [50]         He did not have to notify any credit card companies of a change of address because he did not have any credit cards; his credit was bad. [51]         Yusuf was not happy when he had to move out but concluded he had to move out  and let the Appellant and her family come back to 215 Shirrick  for the safety of his niece and nephew given “. . . the way they explained it to me what was going on in that neighbourhood”. [8] [52]         Moving out also led to his breaking up with his girlfriend and he moved back to where he was living before, his parents’ house. [53]         I do not accept substantial portions of the evidence of the Appellant and her witnesses and, as a consequence, I do not accept that the Appellant and her family moved into 161 Shirrick; I also do not accept that the Appellant bought 161 Shirrick with the intention of using it as the family’s principal place of residence. [54]         The considerations set out below, when considered collectively, make the Appellant’s evidence quite unlikely. [55]         It seems unlikely that the Appellant would have been unaware of a noise issue before closing if she intended to move to the house ...

(b) Capital outlay or loss – an outlay, loss or replacement of capital, a payment on account of capital or an allowance in respect of depreciation, obsolescence or depletion except as expressly permitted by this Part; … (9) Notwithstanding any other provision of this Act, (a) in computing a taxpayer’s income for a taxation year from a business or property (other than income from a business computed in accordance with the method authorized by subsection 28(1)), no deduction shall be made in respect of an outlay or expense to the extent that it can reasonably be regarded as having been made or incurred … (ii) as, on account of, in lieu of payment of or in satisfaction of, interest, taxes (other than taxes imposed on an insurer in respect of insurance premiums of a non-cancellable or guaranteed renewable accident and sickness insurance policy, or a life insurance policy other than a group term life insurance policy that provides coverage for a period of 12 months or less), rent or royalties in respect of a period that is after the end of the year,  … (b) such portion of each outlay or expense (other than an outlay or expense of a corporation, partnership or trust as, on account of, in lieu of payment of or in satisfaction of, interest) made or incurred as would, but for paragraph 18(9)(a), be deductible in computing a taxpayer’s income for a taxation year shall be deductible in computing the taxpayer’s income for the subsequent year to which it can reasonably be considered to relate; Appellant’s Position [27]         The Appellant argues that the evidence confirms that $2.24 million was the amount paid by FSL to the Province by way of set-off (in addition to $10) as consideration for the surrender of the Ground Lease. ...

In other words, it does not permit a transaction to be considered to be an avoidance transaction because some alternative transaction that might have achieved an equivalent result would have resulted in higher taxes. [19]   Similarly, the appellant invoked the doctrine of the Supreme Court of Canada expressed in Shell Canada Ltd. v. ...

legal analysis of gross negligence [37]         It has been held that in drawing the line between “ordinary” negligence or neglect and “gross” negligence, a number of factors have to be considered: (a)     the magnitude of the omission in relation to the income declared, (b)     the opportunity the taxpayer had to detect the error, (c)     the taxpayer’s education and apparent intelligence, (d)     genuine effort to comply ...

In view of this result there is no object in considering whether the payments in question could be considered as annuities under sec. 3(g) of the Act, or free from liability under sec. 3(a). ...

For all the foregoing reasons, the appeal must be dismissed. [60]         I hasten to add that even though this Court has concluded on the correctness of the Notice of Assessment, it is also of the view that this might be an appropriate case for the Minister to consider a waiver of the penalties and interest on the basis of what I would characterize as an unacceptable processing delay on the part of CRA as well as the obvious mismanagement of the bankrupt estate by the second trustee whose files were seized by Order of the Superintendent of Bankruptcy and transferred to BDO Canada Limited as Guardian Trustee for final disposition. [61]         Regrettably, this Court does not have jurisdiction over the waiver of penalties and interest and the Appellant would have to raise this matter directly with the Minister, if he so chooses. [62]         All circumstances considered, I exercise my discretion not to award costs. ...

Bonnybrook Park Industrial Development Co Ltd [18]            By letter dated October 12, 2016, the Minister noted: We have carefully considered your submission in relation to the guidelines set out in Information Circular 07-1 and the applicable legislation. ...

In the meantime she continued to live in the Markham property. [17]         With respect to the aforementioned Power of Attorney, Qun considered she did not have time, given her own business responsibilities, to manage the Markham property such as by renting it out, with Lucy not planning to continue at UofT. ...

  [39]         I will first consider whether the Appellant made the false statements under circumstances amounting to gross negligence. [40]         The phrase “ gross negligence ” as used in subsection 163(2) was considered in the widely adopted decision of Venne v. ...