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Income tax — over-intrusive audit

My client, who had invested in numerous real estate ventures, was under audit. After about two years of asking (and getting answers to) specific questions, the Revenue Canada auditor suddenly requested six years of records for all of my client's investments. This request would have been very onerous to comply with. The client came to me for advice.

I wrote to the auditor, enclosing a copy of an unpublished Revenue Canada headquarters memo that specifically limits the scope and length of audit inquiries, and insisted that the auditor explain why he was not following his Department's head office directive. I pointed out that if he continued with his request, I would be asking senior Departmental officials to review this breach of their guidelines.

After no response for 10 months, the auditor wrote back to say that the audit had been completed and no changes resulted.

Problem vanished!

(1997)