What is the test for attributing pre-tax earnings to a party?
Ontario, Canada
The following excerpt is from PREVOST v. PREVOST, 2017 ONSC 5825 (CanLII):
If the court determines that it is appropriate to attribute a portion of corporate pre-tax earnings to a party, the question arises as to what portion of that income should be attributed. In deciding this question, one of the factors to consider is the nature of the party's interest in the corporation. It has been found to be unreasonable to attribute and amount of income that is disproportionate with the payor party's ownership interest in the company: Thompson v. Thompson, supra, para 93. ANALYSIS OF PRE-TAX CORPORATE INCOME
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