A taxpayer\u0027s request for relief was denied by CRA but a judge ruled the decision was unreasonable and based on faulty inferences. Read on.
But this wasn’t good enough for the CRA, which denied her request for relief, concluding that the couple’s medical situation should not have prevented them from filing the required forms on time. The officer noted the taxpayer was capable of running her business, which, in the officer’s opinion, was of “comparable complexity” to filing tax returns.
But the evidence showed the taxpayer in 2019 contacted the CRA seeking confirmation as to which T1135s were missing. She didn’t receive a response and wrote to the CRA again in the spring of 2020. The CRA responded in July 2020 and the taxpayer provided the outstanding T1135s by August 2020. The “delay” in filing was partly attributable to the CRA’s late response to the taxpayer’s inquiries.
In court, the judge reviewed the evidence, including the inference by the CRA officer that since the taxpayer, an interior designer, had been able to keep her business going, notwithstanding her health issues, there was no reason why she could not file her tax forms.
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