THE CURRENT STATE OF GAAR: WHAT TO ANTICIPATE AFTER OVERS AND LIPSON? Jerry Wise, CA. Montreal, June 2006. RSM Richter is an independent member firm of RSM International, an affiliation of independent accounting and consulting firms.
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Montreal, June 2006
RSM Richter is an independent member firm of RSM International, an affiliation of independent accounting and consulting firms.
RSM Richter est un cabinet indépendant membre de RSM International, association de cabinets indépendants d’expertise comptable et de services conseils.
THE DECISION IN OVERS:
THE DECISION IN OVERS (Cont’d):
THE DECISION IN LIPSON:
THE DECISION IN LIPSON (Cont’d):
Does Overs accurately follow Canada Trustco’sanalysis and is its rationale debatable?
In Lipson, the Court seems to present better, more thorough reasoning. However, the judgment contains several inconsistencies.
One cannot help but wonder about the effect of Overs, Lipson and even Canada Trustcoon the Supreme Court decision of Singleton.
Would GAAR apply to Singleton today?