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Planning and Unstated Tax Policies
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Date: September 10 2002 |
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A unique feature of the General Anti-Avoidance Rule is the invoking of policy considerations to override the words Parliament has used. Gordon Funt examines the recent GAAR jurisprudence addressing the formulation and description of tax policies embedded in the
Income Tax Act. In particular, the analytical framework that has been developed through jurisprudence is reviewed. Gordon Funt concludes with a beginning checklist of judge described policies arising from the GAAR jurisprudence. The checklist should prove to be useful to tax advisors in their tax planning for business vehickes.
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