Income Tax
Income Calculation
Income or Capital Gain
Appeal of Tax Court of Canada’s judgment (2008 TCC 101) dismissing appeals from assessments for 1992, 1993, 1995 under the Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1—Appellants holding units in limited partnership eventually dissolved, leaving unsatisfied creditor claims—Appellants plaintiffs in legal action against lawyers retained to advise limited partnership—Tax Court’s conclusion that amount received by appellants in settlement of legal action resulted in taxable capital gain incorrect in law—Misunderstanding surrogatum principle—Settlement payment not distribution of partnership capital, because did not and could not have discharged claim of plaintiffs against dissolved limited partnership—No such distribution could have been made without first settling outstanding claims of creditors of limited partnership—Appeal allowed.
Tesainer v. Canada (A-69-08, A-70-08, 2009 FCA 33, Sharlow J.A., judgment dated February 10, 2009, 8 pp.)