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November 9, 2012

Court affirms onus of proof on taxpayer

By Peter Aprile
Court affirms onus of proof on taxpayer
Court affirms onus of proof on taxpayer
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In McMillian v. Her Majesty the Queen, the Federal Court of Appeal clarified the burden of proof in tax cases. We believed the decision was important and, in August 2012, we posted a blog article about the FCA’s decision. Recently, The Bottom Line (Canada’s Accounting and Finance Professionals newspaper) published an article on McMillian and asked for our reaction. We are flattered by the author’s decision to include our interpretation in the article entitled Court affirms onus of proof on taxpayer.

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