"Mistake of law":  The taxpayer's ultimate answer to S. 152(4)(a)(i) of the Income Tax Act. If the shoe fits, wear it...properly!
Published: 2007
Language: eng
Number of pages: 157
ISBN-13: 9780494273494
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Canada.; Income tax -- Law and legislation -- Canada.; Time (Law) -- Canada.; Mistake (Law) -- Canada.; Tax assessment -- Law and legislation -- Canada.
Description: This paper identifies three approaches that may be used by taxpayers to prevent the Minister from reassessing beyond the normal reassessment period. One approach consists of arguing that although a mistake may have been committed in filing the return, that mistake cannot be attributed to the taxpayer's neglect, as he/she/it had carefully assessed the situation and had finally adopted a filing position that was reasonable and  bona fide. Through a detailed study of eighteen cases, this paper sheds light on the threshold that needs to be met for the taxpayer's filing position to be considered reasonable and bona fide. It demonstrates that when this threshold is met, the argument will assure success to the taxpayer who raises it. This paper also refines the argument. Inter alia, it demonstrates that the argument draws its strength from the purpose of the limitation period, not from a skewed interpretation of the word "misrepresentation".
Notes: Source: Masters Abstracts International, Volume: 45-06, page: 2918.

Thesis (LL.M.)--University of Toronto, 2007.

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