Wasseem Dirani was the sole shareholder and director of a company that rented VHS tapes from 1997 to 2001.
The company dissolved in late 2001.
Dirani claimed bad debt expenses for the 2006 and 2007 tax years, which the Minister of National Revenue denied.
Dirani also sought deductions for allowable business investment losses, which were similarly denied by the Minister.
Tax Court Decision:
The Tax Court dismissed Dirani’s appeals, concluding that he failed to prove the existence of bad debt expenses or allowable business investment losses.
The Court found no evidence that Dirani had advanced money to the company or incurred any bad debt.
Appeal Issues:
The main issue on appeal was whether the Tax Court erred in concluding that Dirani failed to prove his claims.
Dirani argued that he was not required to retain the company’s records beyond two years after its dissolution, as per section 5800 of the Income Tax Regulations.
Federal Court of Appeal Findings:
The obligation to retain records extends until six years after the tax year, and longer if there are objections or appeals.
Section 5800 applies to dissolved corporations, not individual taxpayers.
The expiry of record retention periods does not exempt taxpayers from evidentiary burdens in court.
Dirani's failure to maintain records undermined his ability to meet his evidentiary burden.
There was no palpable and overriding error in the Tax Court’s findings.
Conclusion:
The appeal was dismissed with costs awarded to the respondent. No amount specified.
