INCOME TAX
Practice
Application for order effective date of revocation of pension plan registration not date specified in Minister of Revenue’s notice of revocation—Minister’s power to revoke registration of pension plan found in Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1, s. 147.1(11)—Applicant attacking retroactivity of Minister’s revocation on basis of presumption against retroactivity—As plan never intended to provide retirement benefits for employees, not registrable from inception—No basis upon which Court could conclude Minister erred in designating date of inception of plan as appropriate date of revocation of registration—Application dismissed.
Boudreau v. M.N.R. (A-248-05, 2007 FCA 32, Pelletier J.A., judgment dated 5/2/07, 12 pp.)