INCOME TAX |
Income Calculation |
Deductions |
Nadoryk v. Canada
A-57-03
2003 FCA 459, Sexton J.A.
27/11/03
4 pp.
Judicial review of two decisions of Tax Court, one dismissing appeals from assessments denying claim for applicant's business losses, other dismissing appeal under Excise Tax Act denying claims for input tax credits for same period--Applicant arguing Tax Court Judge erred in applying test of reasonable expectation of profit, and relies on Stewart v. Canada, [2002] 2 S.C.R. 645--Stewart case, decided after T.C.C. judgment rendered herein, did not abolish test of reasonable expectation of profit but rather confined its application to cases where some personal element to activity in question--Tax Court Judge found as fact there was such personal element in present case--Taxpayer did not carry out business in accordance with objective standards of business- like behaviour--Tax Court Judge decisions do not conflict with Stewart case--Judicial review dismissed.