Canada v. Bradley
A-48-95
Strayer J.A.
16/6/98
4 pp.
Appeal from Tax Court decision appellant could carry forward any unused 1984 charitable donations-Tax Court holding $98,867, deducted by respondent in 1984 as charitable gift in form of partial forgiveness of loan to museum, not gift because no loan to be forgiven, but reassessment statute barred-Minister submitting forgiveness of non-existent loan cannot be taken into account in any carry-forward of charitable gifts for years following 1984, even though Minister could not reassess deductions taken in 1984-Appeal allowed-Income Tax Act, s. 110(1)(a) permitting deduction of aggregate of gifts made in year and in 5 immediately preceding taxation years to extent not deducted in computing taxable income for any preceding year-In respect of 1985 Minister obliged to determine aggregate of "gifts" made in previous years and must be confined to qualifying charitable gifts-For purposes of carry-forward in subsequent years, aggregate of gifts made in 1984 not including $98,867-Income Tax Act, S.C. 1970-71-72, c. 63, s. 110(1)(a) (as am. by S.C. 1985 c. 45, s. 54).