Docket: 2002-984-IT-I
BETWEEN:
CORRADO MORANA,
Appellant,
and
HER MAJESTY THE QUEEN,
Respondent.
Reasons for Judgment
(delivered orally from the bench at
Toronto, Ontario, on September 11, 2002)
O'Connor, J.T.C.C.
[1] I accept the credibility of the Appellant. I am influenced by the decision of the Supreme Court of Canada in Stewart v. Canada, [2002] S.C.J. No. 46 with respect to reasonable expectation of profit.
[2] I sincerely believe that the Appellant's experience and interest in the audio and musical fields should not be a prejudice against him.
[3] I believe his was conducting at lest two separate businesses as a source of income and I must admit I do have difficulty with some of the expenses which have been claimed. Rather than examining a McDonald's bill for $1.60 and all of the other bills that have been submitted, I am suggesting that the offer of the Appellant to a certain compromise should be accepted.
[4] Consequently, my judgment is that the appeals from the reassessments made under the Income Tax Act for the 1998 and 1999 taxation years are allowed, with costs, and the reassessments are referred back to the Minister of National Revenue for reconsideration and reassessment to the extent only that the total income tax liability regarding the Sound Studio for the years 1998 and 1999 and the Public Paralegal-Public Process Servers for the year 1999, being the businesses, the expenses of which were in issue, shall be $3,000.00.
Signed at Ottawa, Canada, this 29th day of October, 2002.
|
"T. O'Connor" |
J.T.C.C.COURT FILE NO.: 2002-984(IT)I
STYLE OF CAUSE: Corrado Morana v. The Queen
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 11, 2002
REASONS FOR JUDGMENT BY: The Honourable Judge O'Connor
DATE OF REASONS: October 29, 2002
APPEARANCES:
Counsel for the Appellant: Thomas H. Riesz
Counsel for the Respondent: Namanthika Kaneira
COUNSEL OF RECORD:
For the Appellant:
Name:
Firm:
For the Respondent: Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Canada
2002-984(IT)I
BETWEEN:
CORRADO MORANA,
Appellant,
and
HER MAJESTY THE QUEEN,
Respondent.
Appeal heard on September 11, 2002 at Toronto, Ontario by
the Honourable Judge Terrence O'Connor
Appearances
Counsel for the Appellant: Thomas H. Riesz
Counsel for the Respondent: Namanthika Kaneira
AMENDED Judgment
Whereas this Court issued a Judgment dated September 19, 2002 in this appeal;
And whereas counsel for the Respondent in a letter dated October 11, 2002 has requested the Court to amend the said Judgment to clarify the oral reasons given from the Bench;
This Court amends the Judgment as follows:
The appeals from the reassessments made under the Income Tax Act for the 1998 and 1999 taxation years are allowed, with costs, and the reassessments are referred back to the Minister of National Revenue for reconsideration and reassessment to the extent only that the total income tax liability regarding the Sound Studio for the years 1998 and 1999 and the Public Paralegal-Public Process Servers for the year 1999, being the businesses, the expenses of which were in issue, shall be $3,000.00.
The Reasons for Judgment delivered orally from the Bench on September 11, 2002 are amended so as to conform with this Amended Judgment.
Signed at Ottawa, Canada, this 29th day of October, 2002.
|
"T. O'Connor" |
J.T.C.C.