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Date: 20041117

                                                                                                                               Docket: A-276-03

Neutral Citation: 2004 FCA 388

CORAM:        LÉTOURNEAU J.A.

NOËL J.A.

NADON J.A.

BETWEEN:

2868-2656 QUÉBEC INC.

Appellant

and

HER MAJESTY THE QUEEN

Respondent

Hearing held at Québec, Quebec, November 17, 2004.

Judgment delivered from the bench at Québec, Quebec, November 17, 2004.

REASONS FOR JUDGMENT OF THE COURT:                                               LÉTOURNEAU J.A.


Date: 20041117

                                                                                                                               Docket: A-276-03

Neutral Citation: 2004 FCA 388

CORAM:        LÉTOURNEAU J.A.

NOËL J.A.

NADON J.A.

BETWEEN:

2868-2656 QUÉBEC INC.

Appellant

and

HER MAJESTY THE QUEEN

Respondent

REASONS FOR JUDGMENT

(Pronounced at the hearing at Québec, Quebec

on November 17, 2004)

LÉTOURNEAU J.A.


[1]         In a clearly structured and reasoned judgment, Mr. Justice Tardif of the Tax Court of Canada held that the explanations of Ms. Lucie Pelletier, the sole holder of the appellant's assets, concerning the origin of the amounts appearing in Ms. Pelletier's bank accounts, were not credible. For the 1993-1994, 1995, 1996 and 1997 years, these sums amounted to $73,049.52, $89,129.71, $64,708.10 and $79,744.82 respectively.

[2]         Ms. Pelletier explained that the amounts deposited originated from personal savings, a legacy from her father, substantial bingo earnings and a no-interest loan of $50,000 from one of her nieces.

[3]         The bingo earnings totalled $148,953.00, which broke down as follows:

1980 to 1990:               $53,000

1991 to 1993                $45,000

1994:                            $13,872

1995:                            $17,419

1996:                            $18,962

[4]         Mr. Justice Tardif explained in detail why he did not believe Ms. Pelletier and the reasons thereby provided were supported by the evidence in the record. In the circumstances, there is no lawful or other basis for us to interfere with this finding of fact based on credibility.

[5]         For these reasons, the appeal will be dismissed with costs.

                      "Gilles Létourneau"

                                                                  J.A.

Certified true translation

Jacques Deschênes, LL.B.


FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                           A-276-03        

STYLE:                                                2868-2656 QUÉBEC INC. v. HER MAJESTY THE QUEEN

PLACE OF HEARING:                     QUÉBEC, QUEBEC

DATE OF HEARING:                        NOVEMBER 17, 2004

CORAM:                                            LÉTOURNEAU J.A.

NOËL J.A.

NADON J.A.

REASONS FOR JUDGMENT

OF THE COURT:                              LÉTOURNEAU J.A.

DATED:                                              NOVEMBER 17, 2004

APPEARANCES:

Jules Turcotte                                                                FOR THE APPELLANT

Danny Galarneau                                                           FOR THE RESPONDENT

SOLICITORS OF RECORD:

B.C.F.                                                                           FOR THE APPELLANT

Québec, Quebec

Veillette, Larivière et ass.                                                FOR THE RESPONDENT

Sainte-Foy, Quebec

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