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Federal Court of Appeal reverses Tax Court decision on litigation expenses

Tuesday, March 27, 2018 @ 9:40 AM | By Amanda Jerome

The Federal Court of Appeal has allowed the appeal of a Tax Court of Canada decision in a move lawyers say demonstrates that corporate entities who incur litigation expenses after a business has been wound should not be denied Input Tax Credits (ITCs).

In Onenergy Inc. v. Canada 2018 FCA 54, the court heard that the appellant, ONEnergy Inc., had been conducting business under the name Look Communications, a telecommunications business that operated in Ontario and Quebec.

According to court documents, the business was unsuccessful and...