Focus on Forensic Accounting & Fraud Focus on Forensic Accounting & Fraud
www.lexisnexis.ca Vol. 28, No. 2 February 2012
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Calculated risk often missing from calculus

Getting up on stage to follow the dean of the University of Toronto’s Rotman School of Business is a daunting challenge.

Unless, of course, he’s your old high school buddy.

Such is the case for Roger Martin and writer Malcolm Gladwell, whose mothers were close friends while the pair attended the same Waterloo, Ont. high school, and Martin’s youngest brother was Gladwell’s best friend.

Given their history, it was no surprise the pair was comfortable enough to engage in an unscripted conversation, living-room style, as a preface to Gladwell’s own talk to the CMA’s Big Ideas Conference 2011 in Toronto.

Landmark case puts added focus on good judgment

The newest required reading for accountants is Copthorne Holdings Ltd. v. Canada, a recent decision from the Supreme Court of Canada that reaffirms the power of the Income Tax Act’s general anti-avoidance rule and the Canada Revenue Agency’s right to apply it broadly.

In this case, that right involved a savings of more than $67-million in paid-up capital that was transformed into an $8.7-million tax bill by the end of the court’s 71-page decision.

"The case will be one of the leading cases on GAAR for a long time to come," said Evy Moskowitz, a senior partner in Toronto with Moskowitz & Meredith LLP, a tax law firm affiliated with KPMG LLP.

Court backs CRA in pilot’s dispute

Living in a semi-tropical paradise is usually a nice way for an ex-pat to avoid the worst of winter, but minimizing the reach of Canadian tax authorities might prove to be a different story.

A Tax Court of Canada judge has ruled in favour of the Canada Revenue Agency (CRA) on the controversial issue of Air Canada pilots turned non-residents. Justice Cameron McArthur also strongly suggested the time has come for Parliament to put its foot down to prevent "overly aggressive manoeuvring to arrive at the lowest possible percentage for duties performed in Canada."

While the pilots’ actions are legal and entirely within the boundaries of the Income Tax Act, "it would be a blessing to bring an end to all the endless manoeuvring," McArthur wrote in his judgment in the case of Gordon Price, formerly a senior pilot with Air Canada and a Bermuda resident since 1993.

Success formula is to downplay formulas

Mark Twain might be amused. Somewhat like his timeless quip about the weather, everyone talks about wanting more innovation within their organizations but no one seems to do anything about it, says Roger Martin, dean of the Rotman School of Business at the University of Toronto.

Speaking to 400 attendees at the CMA Big Ideas conference in Toronto, Martin said trying to pin down how innovative ideas can thrive is a constant source of frustration for organizations today.

"Who here is satisfied with the level of innovation at their company?" he asked the room, and a few hands were raised. "You know, I’ve never had more than 5 or 6 per cent of people I ask that of, who respond positively."

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