Michael Goldberg, tax partner, Minden Gross LLP, a member of
MERITAS law firms worldwide. Michael's practice focuses on tax
and estate planning for entrepreneurs and their
corporations.
This article was originally published in CCH Canadian
Limited's Tax Notes No. 588, January, 2012 and is being
reproduced and published with the consent of CCH and the
author.
A lot has been written about the SCC decision in
Copthorne1 last month. It appears that most
writers were not surprised about the result in Copthorne
(the taxpayer lost again), were impressed with Justice
Rothstein's written reasons on behalf of a unanimous Court
(9-0) and ultimately were disappointed that the SCC appears to have
added little to the jurisprudence – at least by way of
guidance to taxpayers, their advisors and the Minister on when GAAR
should be applicable.
