Curiosities and Anomalies in The Federal Income Taxation of Trusts and Estates  4th Ed

Curiosities and Anomalies in The Federal Income Taxation of Trusts and Estates 4th Ed

Written by: Lyndon Maither, CFE, B.Comm.

  • Publisher: Lyndon Maither
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Book Summary

"In order to be in love, you have to know someone's language." A 1,350+ concentrated case-intensive analysis of the Cda. ITA treatment of testamentary common-law estates and the private common-law trust environment illustrating legal argument from case in Canada, the UK, Aust and NZ showing "curiosities and anomalies" where the Act just doesn't keep up with the dexterity of the environment: the ITA didn't apply to the underlying law. This book brings out where they are out of sync, generally with case quote from the above commonwealth common-law states. Case is chosen from these jurisdictions since there is so little well established case on the interpretation of these provisions and since all have to fiscally address the same situation: if you can find a stream of thought in one, it may be persuasive in Canada. Meant to bring to Finance Canada's attention, without judicial proceeding, 'battles' that could be lost on the premise that our government doesn't have to lose a case to evolve the Act for the better: sorry, "I'm not a Bronfman (look it up - some guy by the name of Harris, at the FCA, did)". The polished "edge of the world" in Canada, federally (beyond this lies nothing, relevantly). To be read last, read the others first. And if you find different conclusions, point them out, substantiated. If you spend 6 years in the best of libraries on the subject, vacuuming all the case you can, which is a lot - though I'll tell you there is a finite amount of it, and digest it while looking at the ITA as a conceptual "battle-line" of legal concepts and syllables w/ meaning, this is what you'll have as well.

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