Can a misrepresentation be found in a tax return?

British Columbia, Canada


The following excerpt is from Inwest Investments Ltd. v. Canada (National Revenue), 2015 BCSC 1375 (CanLII):

A misrepresentation in the tax return itself was also found in Dalphond v. R., 2009 FCA 121. The taxpayer had incorrectly claimed a capital gains deduction for shares which was only available if the corporation was a “Canadian-controlled private corporation”. In fact, the corporation had lost that status and, hence, the deduction was not available.

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