What is the test for assessing a false statement on an income tax return?
Canada (Federal), Canada
The following excerpt is from Cayer v. The Queen, 2007 TCC 136 (CanLII):
Subsection 163(2) permits the Minister to impose a penalty on a taxpayer who has either knowingly, or under circumstances amounting to gross negligence, made, participated in, assented to or acquiesced in the making of, a false statement or omission on an income tax return. The classic case for determining whether a taxpayer has acted in a way to warrant an assessment under subsection 163(2) is Venne v. The Queen, [1984] C.T.C. 223, 84 DTC 6247 (F.C.T.D.) ("Venne").
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