What is the burden of proving that income detected by the net worth method is taxable income?
Canada (Federal), Canada
The following excerpt is from Kalib v. The Queen, 2013 TCC 134 (CanLII):
As in Lacroix v. Canada where the Minister, as here, presumes that the income detected by the net worth method (modified here) is taxable income, the onus is on the Appellant to demolish the assumption based upon credible evidence. If the taxpayer provides credible evidence that the amount in question is not income, then the Minister has a further burden of going beyond the presumption and filing evidence of the existence of this income.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the government's burden of proving that non-taxable income does not derive from those sources? (MultiRegion, United States of America)
What is the test for establishing taxable income using the net worth method? (MultiRegion, United States of America)
Does the net worth method apply to determine whether a taxpayer's net worth was properly calculated when they deposited unrecorded income into Swiss bank accounts? (MultiRegion, United States of America)
What is the test for determining what constitutes taxable income under the Income Tax Code? (Canada (Federal), Canada)
What is the burden of discharging the tax burden on a company when it is shown that income is not reported to the taxpayer? (Canada (Federal), Canada)
What is the burden of proving that a defendant signed a false income tax return? (MultiRegion, United States of America)
What is the net worth method used in assessing income tax returns? (Canada (Federal), Canada)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
What is the net worth method used by the Court of Arbitration for Justice to determine whether there is any unreported income in a personal injury case? (Canada (Federal), Canada)
What is the case law on net worth assessments for income under the Income Tax Code? (Canada (Federal), Canada)
