Digests

Decision Information

Decision Content

INCOME TAX

Income Calculation

Appeal from T.C.C. decision (2005 TCC 806) M.N.R. improperly included $29,000 in respondent’s income—T.C.C. concluded respondent not acquiring non-qualified investment as victim of sham—T.C.C. erred in grounding ultimate decision on doctrine of sham—Also breached natural justice as doctrine of sham not previously raised—Appeal allowed.

Canada v. Nunn (A-34-06, 2006 FCA 403, Malone J.A., judgment dated 8/12/06, 10 pp.)

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