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Federal Court

Cour fédérale

 

Date: 20090512

Docket: T-96-09

Ottawa , Ontario , May 12, 2009

PRESENT:  The Honourable Mr. Justice Shore

 

BETWEEN:

MINISTER OF NATIONAL REVENUE

Applicant

and

 

TIMOTHY WINTER

Respondent

 

ORDER

 

UPON APPLICATION, pursuant to section 231.7 of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (Act) by the Minister of National Revenue, for an Order compelling Mr. Timothy Winter to provide documents sought by the Minister under section 231.2 of the Act; and

 

AND UPON hearing from counsel for the Minister and reading the filed affidavits;

 

 

 

 

THIS COURT ORDERS that within 30 days of the date hereof, Mr. Winter shall provide to the Minister for purposes pursuant to the administration and enforcement of the Income Tax Act, pursuant to the provisions of section 231.2 thereof,

  • a) Income Statement Reconciliation for each of the three businesses to ensure that all the expenses claimed are related to earning the particular business income;

  • b) Purchasing and selling documents for 1600 Regional Road, Brantford, Ontario; 90 Erie Avenue, Brantford Ontario; 162 Nelson Street, Brantford, Ontario;

  • c) Bank statements, cancelled cheques and deposit slips for all the businesses and personal Bank accounts;

  • d) Sales invoices, purchase vouchers and expense receipts;

  • e) Supporting documents of purchase and expense payments such as credit card statements, visa statements;

  • f) Vehicle logbook for business purposes; and

  • g) Books and records of income and expenses related to the Respondent’s rental business, such as:

    • i) Rental agreements/contracts;

    • ii) Mortgage agreements and annual mortgage statements for rental properties;

    • iii) Expense receipts related to the rental income; and

    • iv) All summaries, ledgers or working papers prepared by the Respondent’s accountant or by the Respondent relating to the Respondent’s business and rental properties.

 

THIS COURT FURTHER ORDERS costs payable to the Applicant.

 

 

Michel M.J. Shore

Judge

 

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