Canada v. Paletta, 2022 FCA 86
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2022 FCA 86 |
| Date | 17 May 2022 |
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14 practice notes
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Canadian Western Trust Company as Trustee of the Fareed Ahamed TFSA, 2023 TCC 17
...24 paras 49-51. [30] Canada Trustco, supra note 18 at para 10. [31] Stewart v Canada, 2002 SCC 46 at paras 38, 51; Canada v Paletta, 2022 FCA 86 at paras 34, 38. [32] Vancouver Art Metal Works Ltd. v Canada, [1993] 2 FC 179 (FCA) at para 13 [Vancouver Art Metal Works]. [33] R v Summers,......
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Whitford v. Chakita, 2023 FCA 17
...Court must correctly understand and apply the correct legal principles governing the exercise of its discretion: Canada v. Paletta, 2022 FCA 86, at para. 32. IV. The Legislative Framework [30] The FNEA was enacted in 2014, creating a statutory code governing the election of chiefs and counc......
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Stackhouse v. The King, 2023 TCC 156
...rephrasing does not reflect the test stated in Stewart, nor is it justified by the approach taken by Noël, C.J. in R. v. Paletta, 2022 FCA 86 [101] In Paletta, Noël, C.J. questioned the proposition that “where an activity appears to be inherently commercial, it is a source ......
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Tweneboah v. The King, 2023 TCC 121
...nature of the taxpayer’s activity which must be evaluated, not his or her business acumen. [6] More recently, in Canada v Paletta, 2022 FCA 86 [Paletta],[2] the Federal Court of Appeal held that an activity without any personal element must be conducted with a view to profit in order......
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9 cases
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Canadian Western Trust Company as Trustee of the Fareed Ahamed TFSA, 2023 TCC 17
...24 paras 49-51. [30] Canada Trustco, supra note 18 at para 10. [31] Stewart v Canada, 2002 SCC 46 at paras 38, 51; Canada v Paletta, 2022 FCA 86 at paras 34, 38. [32] Vancouver Art Metal Works Ltd. v Canada, [1993] 2 FC 179 (FCA) at para 13 [Vancouver Art Metal Works]. [33] R v Summers,......
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Whitford v. Chakita, 2023 FCA 17
...Court must correctly understand and apply the correct legal principles governing the exercise of its discretion: Canada v. Paletta, 2022 FCA 86, at para. 32. IV. The Legislative Framework [30] The FNEA was enacted in 2014, creating a statutory code governing the election of chiefs and counc......
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Stackhouse v. The King, 2023 TCC 156
...rephrasing does not reflect the test stated in Stewart, nor is it justified by the approach taken by Noël, C.J. in R. v. Paletta, 2022 FCA 86 [101] In Paletta, Noël, C.J. questioned the proposition that “where an activity appears to be inherently commercial, it is a source ......
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Tweneboah v. The King, 2023 TCC 121
...nature of the taxpayer’s activity which must be evaluated, not his or her business acumen. [6] More recently, in Canada v Paletta, 2022 FCA 86 [Paletta],[2] the Federal Court of Appeal held that an activity without any personal element must be conducted with a view to profit in order......
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5 firm's commentaries
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Introduction To Canada Tax System ' Reasonability Of Business Expenses
...of an activity. 14 See e.g., Mastri, [1997] 3 CTC 234 [FCA], Tonn, [1996] 1 CTC 205 [FCA] and Bélec, [1995] 1 C.T.C. 2809 15 See Paletta, 2022 FCA 86 at para 16 Stewart, para 53. 17 Stewart, para 55. To view the original article click here The content of this article is intended to provide ......
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FCA's Paletta Ruling & Its Impact On Tax Opinions & Appeals
...TR partial rights to this work. This article first appeared in TR's, Tax Dispute and Resolution Centre.* In The Queen v. Paletta Estate, 2022 FCA 86, the Federal Court of Appeal held that activity undertaken to generate tax losses does not constitute a source of income or loss for tax purpo......
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Introduction To Canada Tax System'Taxable Income Or Loss
...receive income from a business, a taxpayer needs to undertake an activity in pursuit of profit.5 In the recent decision Canada v Paletta, 2022 FCA 86, this principle was challenged by the taxpayer on the alleged basis that the commerciality and non-personal nature of a transaction is suffic......
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The Queen v Paletta ' Guidance From A Canadian Tax Lawyer Regarding The Legal Test For Business Income
...of Canada ruled Taxpayer's trading activities designed to avoid tax constituted a business In the Queen v Paletta, 2022 FCA 86, the Canadian tax litigation lawyer acting for the Canada Revenue Agency (CRA) appealed the Tax Court of Canada's decision regarding Mr. Pasquale Paletta (the "Taxp......
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