Canadian Business Law Journal
Income Splitting; Tax Avoidance; Statutory Interpretation; Canada
This comment examines the Supreme Court of Canada decision in Neuman, considering the grounds of the decision itself as well as its implications for income splitting, tax avoidance, and the manner in which the Supreme Court of Canada interprets the Income Tax Act. Part II reviews the facts of the case, its judicial history, and the decision reached by the Supreme Court of Canada. Part ill evaluates this decision in light of the text of s. 56(2), the purpose of this provision, and the practical consequences of the court's interpretation. Part IV considers the implications of the decision and subsequent legislative amendments for income splitting, tax avoidance, and statutory interpretation. Part V offers brief conclusions.
David G Duff, "Neuman and Beyond: Income Splitting, Tax Avoidance, and Statutory Interpretation in the Supreme Court of Canada" (2008) 32:3 Can Bus LJ 345.