Information About Counter Tax Lawyers Blog

 A tax plan is moving toward implementation. The tax opinion has been delivered.  The first question is whether the filing position is defensible. A tax opinion may answer that question and stop there. However, a conclusion that a filing position is defensible does not necessarily address how the po … Read more »

A company receives a CRA reassessment after prior planning work and tax opinions supported the transactions or filing positions. The company believes the core risk has already been addressed. The original filing position was reviewed. The company obtained the opinion. The company filed accordingly. … Read more »

Key Takeaways The decisive failure in Zhang v. HMK was not mechanical. The CRA lost control of its ability to change the outcome after it accepted a settlement proposal. The taxpayer preserved flexibility by controlling the operative record. The case exposed a recurring institutional dynamic inside … Read more »

By the time the CRA issues the reassessment, the record is already taking shape. During the objection, the CRA will reinforce its interpretation of the facts and how they apply. That view appears in audit and objection working papers and in what the auditor or appeals officer later states they assum … Read more »

Key Takeaways  The reassessment shows the financial exposure. What moves forward depends on how the taxpayer frames the dispute in the Notice of Objection.   In this case, the taxpayer’s Notice of Objection failed in a clear way. In most disputes, taxpayers do not see the failure as clearly.   Tax … Read more »