| Citation: |
Rose v. Canada, 2009 FCA 93, [2009] 3 F.C.R. D-14 |
A-554-07 |
Income Tax
Reassessment
Appeal from Tax Court of Canada (T.C.C.) decision (2007 TCC 657) allowing appeal of Minister of National Revenue’s assessment under Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1, s. 160(1) whereby taxpayer jointly, severally liable for spouse’s tax debt—Assessment based on transfer of joint legal title of matrimonial home to sole title in taxpayer for no consideration— Transfer of title made to avoid spouse’s potential business creditor, not existing tax debt with Canada Revenue Agency—T.C.C. committing palpable, overriding error when concluding spouse retaining beneficial interest in house, taxpayer becoming resulting trustee—Despite witnesses’ credibility, evidence indicating spouse had transferred beneficial interest in property in entirety to taxpayer to avoid having lien placed thereon by business creditor—Appeal allowed.
Rose v. Canada (A-554-07, 2009 FCA 93, Evans J.A., judgment dated March 20, 2009, 12 pp.)