Court affirms onus of proof on taxpayer

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.

For additional analysis, see our Insights.

Insights

A CRA reassessment and dispute do not start from a neutral position. They shape the dispute, now and later. This article explains how the record develops and the impact on teh range of outcomes.

CRA Reassessment | What Happens Next - What appears to require action is visible. What will shape the outcome is not.

A CRA reassessment sets out a position. It does not show what will determine the outcome. How it is interpreted, carried forward, and placed on the record defines what can still be changed.