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Barron v. M.N.R.

T-1068-94

Jerome A.C.J.

29/3/96

6 pp.

Application for judicial review of M.N.R.'s decision refusing applicants' claims for discretionary relief for statute-barred taxation years under Income Tax Act, s. 152(4.2)-Application allowed-Fairness Committee erred in not allowing applicants opportunity to make representations and not making them aware of factors considered by Fairness Committee-Committee also misapplied fairness legislation by holding applicants' request did not fall within intent and guidelines of Bill C18-Applicants would have filed amended 1985 tax returns within three-year time period were it not for Minister's erroneous audit-Income Tax Act, S.C. 1970-71-72, c. 63, s. 152(4.2) (as enacted by S.C. 1991, c. 49, s. 124(1).

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