Canada v. Bulk Transfer Systems Inc., 2005 FCA 94 (2005)

Extract

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Canada v. Bulk Transfer Systems Inc., 2005 FCA 94 (2005)

Date: 20050310

Docket: A-190-04

Citation: 2005 FCA 94

CORAM: NOËL J. A.

SEXTON J.A.

EVANS J. A.

BETWEEN:

HER MAJESTY THE QUEEN

Appellant

and

BULK TRANSFER SYSTEMS INC.

Respondent

Heard at Toronto, Ontario, on March 7, 2005.

Judgment delivered at Toronto, Ontario, March 10, 2005.

REASONS FOR JUDGMENT BY: NOËL J.A.

CONCURRED IN BY: SEXTON J.A.

EVANS J.A.

Date: 20050310

Docket: A-190-04

Citation: 2005 FCA 94

CORAM: NOËL J. A.

SEXTON J.A.

EVANS J. A.

BETWEEN:

HER MAJESTY THE QUEEN

Appellant

and

BULK TRANSFER SYSTEMS INC.

Respondent

REASONS FOR JUDGMENT

NOËL J.A.

[1] This is an appeal from a decision of the Tax Court of Canada in which Teskey J. held that subsection 152(4.3) of the Income Tax Act , R.S.C. 1985 c.1 (5 th supp.), as amended (the Act) did not empower the Minister of National Revenue (the Minister) to reduce the respondent's refundable dividend tax on hand account (RDTOH) and the corresponding refund paid to the respondent with respect to its 1991 taxation year.

Background

[2] The appeal before the Tax Court proceeded in accordance with an agreed statement of fact, the salient aspects ...

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