What is the test for determining whether a tax shelter arrangement exists for the purpose of subsection 237.1(1)?
Canada (Federal), Canada
The following excerpt is from Maege v. The Queen, 2006 TCC 117 (CanLII):
The determination of whether a tax shelter arrangement exists for the purpose of subsection 237.1(1) is ultimately made on a reasonable basis. As Bowman T.C.J. (as he then was) stated in Tsiantoulas v. Canada, [1994] T.C.J. No. 984: Reasonableness is a question of fact and requires the application of a measure of judgment and common sense.
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