Feigenbaum Law

Tax Disputes & Litigation

Appeal

Tax Disputes & Litigation

Mark Feigenbaum Files Appeal to the U.S. Supreme Court in High-Stakes Cross-Border Tax Issue

Our offices have recently filed a Writ of Certiorari, a request to appeal to the United States Supreme Court, asking that court to review lower court level decisions made with respect to a client who had significant IRS penalties levied against him. What Happened? Our client, an American who has lived in Canada since the 1970’s, had not filed any income tax statements in the U.S. since his relocation north of the border. The man… Read More

Legal fees

Tax Disputes & Litigation

Cameco Awarded More than $10 Million in Legal Fees After Decade Long Dispute with the CRA

Canadian resource company Cameco, one of the world’s largest producers of uranium fuel, recently announced that it would be receiving $10.25 million in costs after a protracted battle with the Canada Revenue Agency (CRA) over alleged tax evasion. Some Background The dispute began when the CRA questioned Cameco’s corporate structure following the company’s reorganization in the late 1990’s. At issue was whether Cameco used a Swiss subsidiary, Cameco Europe Ltd. (CEL) as a means of… Read More

Reassessment- office towers seen from below

Corporate Tax Planning

Canada’s Biggest Loyalty Points Company Facing Significant Tax Reassessment

A Canada Revenue Agency (CRA) audit of Montreal based Aimia Inc. (Aimia) has concluded. Aimia, which is responsible for customer loyalty programs worldwide, may now be facing a large tax bill. Aimia – An Overview Aimia Inc. which describes itself as a “global data-driven marketing and loyalty analytics company” providing “clients with the customer insights they need to make smarter business decisions” and also “partner[ing] with companies to help generate, collect and… Read More

Corporate taxes

Corporate Tax Planning

Auditor General: CRA Not Treating All Taxpayers Equally in Audits and Reviews

According to a new report by the federal Auditor General, the Canada Revenue Agency (CRA) is not treating all taxpayers equally when it comes to auditing or reviewing tax files. Taxpayer Bill of Rights The Canada Revenue Agency has a Taxpayer Bill of Rights which is intended to build on the CRA’s corporate values of professionalism, respect, integrity, and collaboration and further, is intended to protect taxpayers from inappropriate treatment and to protect… Read More

Privacy breaches

Tax Disputes & Litigation

Investigation Reveals that CRA Employees Have Been Accessing Taxpayer Information on an Unauthorized Basis

According to an investigation by CBC News, employees at the Canada Revenue Agency (CRA)  have committed privacy breaches and have continued to “snoop” on the confidential tax files of their partners, spouses, colleagues, neighbours, and others. CBC obtained ten months of internal reports which showed the files of at least 10,000 Canadians were compromised by CRA employees, who used their privileged access to government databases to access taxpayers’ private financial affairs. This occurred despite… Read More

Unexplained wealth orders

Tax Disputes & Litigation

Woman Who Spent More than $20 Million at Luxury Department Store Fights Court Order to Reveal Source of Her Wealth

An Azerbajani woman recently became the first person targeted by a British procedure intended to seize money from individuals suspected of obtaining their wealth via corruption. The woman came under scrutiny after purchasing high-end properties in and around London, and spending $21 million USD over the course of a decade of shopping at luxury U.K. department store Harrods. Unexplained Wealth Orders The woman is the subject of two “unexplained wealth orders” (UWO)… Read More

#metoo- the capital building

Personal Tax Planning

Democratic States Sue Federal Government Over Tax Reforms

Last month, New York, New Jersey, Maryland, and Connecticut sued the federal government, claiming that the Republican tax reforms brought in under President Trump unfairly single out high-tax Democratic states. The lawsuit, filed in the Southern District of New York, seeks to block the cap on deductions for state and local taxes and names the Internal Revenue Service and the U.S. Treasury Department as defendants. It seeks a court judgment ruling the… Read More

Appeal

Tax Disputes & Litigation

Thousands of Americans May Be Denied a Passport Due to Unpaid Taxes

The IRS has begun to enforce a law passed by Congress in late 2015, which permits the State Department to revoke or deny passports to Americans who have significant tax arrears. More than 360,000 Americans who owe taxes are set to be affected. The Law Where an American has significantly delinquent tax debt (more than $51,000), IRC § 7345 authorizes the IRS to certify that debt to the State Department for action. The State Department… Read More

Tax Disputes & Litigation

Case Commentary – MAP Transfer Pricing Settlement is Binding on CRA

Earlier this year, the Tax Court of Canada released reasons in the case of Sifto Canada Corp. v The Queen. This decision addresses the legal impact of a transfer pricing settlement under the Mutual Agreement Procedure (“MAP”) article of the Canada-U.S. Tax Convention (“Treaty”), and determined that the Canada Revenue Agency (“CRA”) is bound by an earlier MAP settlement that set the transfer price for the transaction. Sifto Canada Corp. v The Queen The… Read More

voluntary disclosures program

Tax Disputes & Litigation

Potential Changes to the Voluntary Disclosures Program

The Voluntary Disclosures Program (VDP) is in the crosshairs as the Canada Revenue Agency, and federal government more broadly, continue to target tax evasion and avoidance by the wealthiest Canadians. How the Voluntary Disclosures Program operates In its current framework, the VDP attempts to encourage tax compliance by individuals and other entities that would like to correct any errors or omissions in their past returns. Eligible taxpayers must pay any taxes owing, but may… Read More