There was third party evidence of taxes, interests, costs and insurance expenses

Tax - Income tax - Business and property income

Taxpayer owned bed and breakfast (B&B) business and had failed to file income tax returns for taxation years 2009 to 2015. Taxpayer no longer owned B&B business, nor property from which business was operated, as it was subject to mortgagee’s final order of foreclosure. Minister assessed taxpayer as non-filer and ascribed gross income of $30,000 for each assessed year. Taxpayer appealed. Appeal allowed. There was third party evidence of taxes, interests, costs and insurance expenses incurred by taxpayer for each assessed year based on mortgagee’s summary judgment motion of 2016. It was concluded that 50 per cent deduction of these expenses were business related and should be allowed, and taxpayer’s net business income was alternatively assessed and net business income reduced. Accordingly, appeal was allowed regarding net business income calculations of B&B business and any concordant adjustments to CPP premiums and other amounts of interest relating to tax owing.

Wilson v. The Queen (2019), 2019 CarswellNat 504, 2019 CarswellNat 550, 2019 TCC 42, 2019 CCI 42, Randall S. Bocock J. (T.C.C. [Informal Procedure]).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Amid Black Lives Matter movement, less talk, more walk on diversity says Toronto lawyer Ryan Watkins

New law will encourage landlords and tenants to negotiate repayment agreements amid COVID-19

Changes to landlord/tenant law address jurisdictional confusion and no-fault evictions

Global IP firm Marks & Clerk continues Canadian expansion with high-profile hires

New legislation allows for eviction orders without Landlord and Tenant Board hearing

OSC invites applications to its Seniors Expert Advisory Committee

Most Read Articles

New legislation allows for eviction orders without Landlord and Tenant Board hearing

R. v. Sharma: law prohibiting conditional sentence for Indigenous woman a Charter breach

Legal Aid Ontario to launch modernized framework under new Legal Aid Services Act

Changes to landlord/tenant law address jurisdictional confusion and no-fault evictions