Anne Shirley Lebel

The Appellant appealed reassessments for its 2014, 2015, and 2016 taxation years, seeking to carry back a non-capital loss from 2017.

The 2017 loss was based on a terminal loss from the disposition of Class 13 property.

The Appellant argued it could unilaterally adjust its initial capital cost allowance (CCA) claims from 1997-2003 downwards to increase the undepreciated capital cost balance and the resulting terminal loss, because the Minister had issued nil assessments for those years.

The Tax Court of Canada dismissed the appeal, holding that the Income Tax Act does not permit a taxpayer to unilaterally adjust discretionary CCA claims retroactively to avoid the expiration of non-capital losses.

The appellant appealed the Minister's denial of a GST/HST New Housing Rebate for a condominium.

The respondent argued the appellant purchased the unit from an assignor rather than the builder, and failed to meet other statutory conditions.

The court found that the builder accepted the assignment, making the appellant the purchaser directly from the builder.

The court also found the appellant acquired the unit for use as his primary place of residence and met all other conditions under section 254(2) of the Excise Tax Act.

The appeal was allowed and the matter referred back to the Minister for reassessment.