GAAR assessment cannot give rise to penalties for non-compliance with the technical sections
In Landrus v. The Queen, 2008 TCC 274, the Tax Court of Canada held that the general anti-avoidance rule (GAAR) did not apply to a series of transactions whereby a terminal loss was triggered on the sale of assets.
The Queen v MacKay et al, 2008 FCA 105 is a recent Federal Court of Canada decision holding that a series of transactions was contrary to the Canadian Income Tax Act’s General Anti-Avoidance Rule (GAAR).
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