KPMG Credible Tax Scam?

Moderator: Burnaby49

Fussygus
Scalawag
Scalawag
Posts: 73
Joined: Tue Mar 04, 2014 2:54 pm

Re: KPMG Credible Tax Scam?

Postby Fussygus » Fri Nov 27, 2015 8:54 pm

Dooh, Burnaby. You beat me to the punch. Damn your good 8)

Looks like things are getting serious.....at least in UK per KPMG.

http://www.cbc.ca/news/business/kpmg-ta ... -1.3339719

"New criminal offences that allow charges against people who help clients with tax evasion came into effect in the U.K. last March."

Wouldn't such be automatically a charge akin to conspiracy, and/or accessory?

Fuzzy
Les semper intendit quod convenit ratione.

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Fri Nov 27, 2015 9:01 pm

Fussygus wrote:Dooh, Burnaby. You beat me to the punch. Damn your good 8)

Looks like things are getting serious.....at least in UK per KPMG.

http://www.cbc.ca/news/business/kpmg-ta ... -1.3339719

"New criminal offences that allow charges against people who help clients with tax evasion came into effect in the U.K. last March."

Wouldn't such be automatically a charge akin to conspiracy, and/or accessory?

Fuzzy


It would depend entirely on how the legislation is written. I'm not familiar with it.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Wed Mar 09, 2016 12:09 pm

This story has suddenly exploded into a full blown scandal which, very sadly for me, makes my ex-employer, the Canada Revenue Agency, look like shit.

It starts here with a very favourable secret deal the CRA offered to the KPMG clients;

http://www.cbc.ca/news/business/canada-revenue-kpmg-secret-amnesty-1.3479594

The Canada Revenue Agency offered amnesty to multi-millionaire clients caught using what's been called an offshore tax "sham" on the Isle of Man — a reprieve that was supposed to remain secret and out of the public eye until it was uncovered by a CBC News/Radio-Canada investigation.

The amnesty allows for "high net worth" clients of the accounting giant KPMG to be free from any future civil or criminal prosecution — as well as any penalties or fines — for their involvement in the controversial scheme.

The clients simply had to agree to pay their back taxes and modest interest on these offshore investments, which they had failed to report on their income tax returns.

Documents show that the scheme had attracted at least $130 million.

CBC/Radio-Canada obtained a copy of the confidential nine-page offer, signed on May 1, 2015 by CRA's manager of offshore compliance, Stephanie Henderson.

It promised KPMG clients that the CRA would not impose any penalties for taxes dodged in a scheme that lasted more than a decade.


This is the best defense the CRA could put up;

CRA practice also recognizes that the earliest possible resolution of disputes is in the public interest, as lengthy litigation is costly to all parties and the outcome of complex, tax-related litigation processes may be difficult to predict," media relations officer Philippe Brideau said in a statement.


I said in an earlier post;

We're well into our third year of those discussions. As an ex CRA guy I get a strong wiff of back-office politics in this with wealthy targets lobbying our federal politicians behind closed doors. If the government was serious about enforcing the Income Tax Act in respect to this scheme it would have taken this to Federal Court at least a year ago. There may be a valid excuse for the delay but "confidential discussions" doesn't cut it. A chat over brandy every six months or so?


And this appears to be the case.

Justifiable outrage from those without the political clout to get secret deals;

Toronto tax lawyer Duane Milot, who represents middle-income Canadians in disputes with the CRA, says his clients are routinely dragged through the courts for years by Canada Revenue.

"It's outrageous," he told CBC News after reading the leaked document. "The CRA appears to be saying to Canadians, 'If you're rich and wealthy, you get a second chance, but if you're not, you're stuck.'"


Whatever the reason behind the offer, it's clear the CRA didn't want anyone else to find out about the amnesty deal.

The leaked document includes the clause CONFIDENTIALITY in capital letters in paragraph 18.

"The taxpayer agrees to ensure the confidentiality of the offer and will not inform any person of the conditions of the offer," the letter states.

"This doesn't pass the smell test," Milot said. "This is exactly the type of government behaviour that erodes the public's confidence in the system, these type of secret deals. Everybody should be treated equally."


The article says;

There are believed to be six more high net worth clients whose identities continued to remain a mystery.


Perhaps they are just waiting for an even better offer.

A practical point. Who in the CRA was stupid enough to think that this would stay secret? When I was an employee I told people not to put anything in their files they did not want made public because everything eventually becomes public. How could an offer of this magnitude and controversy ever be expected to stay secret?

Apparently internal CRA staff wasn't happy about it;

http://www.cbc.ca/news/business/cra-kpmg-anger-at-secret-deal-1.3479792

Well tough. In my opinion this wasn't a CRA decision. Something this stupid is a political decision where the CRA is told what they are going to do;

One of the biggest mysteries is who exactly at CRA made the amnesty offer.

The secret deal, leaked to CBC News in a brown envelope, was signed by CRA's manager of offshore enforcement, Stephanie Henderson, and sent to the accounting firm KPMG on May 1, 2015.

But there are conflicting stories as to whether Henderson, or her bosses, made the decision.

Sources tell CBC News that discussions about the KPMG case, which has been in operation for more than 10 years, went high up the line at CRA, far beyond Henderson.

The manager in the offshore division was reportedly holding almost daily briefings for a time in 2015 with high-level officials at the CRA.

"She was pissed that senior leadership backed off and a deal was struck," one source said.


So who were the "high-level officials at the CRA" answering to? But I'm probably wrong in my assumptions about undue political influence on the fairness of the tax system. The officials story is that it was purely a CRA decision without political interference and everybody in the CRA was in happy accord over the deal;

CRA spokesperson Philippe Brideau echoed what assistant commissioner Ted Gallivan told CBC News on Friday — that there was no interference on the file from higher-ups, including from then assistant commissioner Richard Montroy, who was in charge of compliance.

"Officials responsible for the file have confirmed that there was no instance where Mr. Montroy provided direction," Brideau said in an email.

In his own email to CBC News Montroy said: "There were no instances where I failed to support the recommendations and actions of the people who worked in my branch."

Gallivan, the current head of compliance also disputes that there was any internal disagreement prior to the amnesty offer being made.

"We found no evidence of internal disorder or debate," he said.


And the number one guy at the CRA washes his hands of any responsibility;

In an email to the CBC, the CRA's top executive, commissioner Andrew Treusch said: "I note in the strongest possible terms that, as the commissioner of the Canada Revenue Agency, I have never provided direction to CRA officials on the approach to be taken in the management of KPMG litigation or negotiations."

Rather, he wrote, "I have played my normal and required oversight role, which is to assure myself that the CRA's operational approach is grounded firmly by the facts and merits of each case and the legal framework within which the agency operates."

Treusch also said he has "never discussed the KPMG litigation, including any negotiations that may have occurred" with anyone at KPMG at any time.

CBC News had asked the commissioner whether he knew about the CRA's secret settlement offer before it was sent to KPMG.

Brideau, the CRA media spokesman replied: "The commissioner would not review or approve this type of letter as this task is the responsibility of operations managers at the agency."


But other people don't trust the CRA as much as Burnaby49 does and want more than puff-piece comments from buck-passers;

The federal government should call public hearings into why the Canada Revenue Agency offered amnesty to the high net worth clients of KPMG who were involved in an offshore tax avoidance scheme, prominent tax groups, politicians and other legal experts said in the wake of a CBC News/Radio-Canada exposé.

In fact, Laval University tax professor Andre Lareau says the new revenue minister, Diane Lebouthillier, should undo the deal as soon as possible.

"The offer should just be withdrawn right now," Lareau said. In effect, he says, the CRA is saying to these wealthy clients "we're giving you absolution."

In question period yesterday, NDP leader Tom Mulcair called on Prime Minister Justin Trudeau to launch a probe into the secret offer.

"Stop protecting the rich, start protecting a tax system that's fair for all," Mulcair said. "How many other times has this happened, and is the prime minister going to call an investigation?"


http://www.cbc.ca/news/business/public-hearings-cra-kpmg-offshore-tax-deal-1.3481677

So the CRA makes an official statement!

http://news.gc.ca/web/article-en.do?nid=1038949

Happily we are now back to being the Government of Canada rather than the Harper Government;

http://www.quatloos.com/Q-Forum/viewtopic.php?f=48&t=11032#p223963

Although, no doubt, the current Liberal government would be happy to pass the blame for the mess back to it's predecessor, the Conservative Harper government.

The CRA's Head of Compliance sees no need to air the Agency's dirty laundry in public.

For his part, Gallivan said that he sees no need at this juncture for public hearings. "I've seen no information that would cause me to recommend or even support a public inquiry."

Gallivan, who only recently became the assistant commissioner in charge of compliance at the CRA, said he was personally unaware of the agency's settlement offer to KPMG clients.
"We completed over 9,000 aggressive tax planning cases last year with a total of $1.6 billion," Gallivan said.

"This is a very important file but it doesn't represent even one per cent of the volume of work we do."
Court records indicate that at least 26 clients parked more than $130 million offshore in the KPMG scheme.


And now every Tom Dick and Harry wants the same sweet deal;

Toronto tax lawyer Duane Milot, who represents dozens of middle-income taxpayers in disputes with the CRA, said this offer shows there is a "double-standard" between how his clients have been treated by the agency compared to these well-off clients of KPMG
.
"I think the CRA has to explain its behaviour," Milot said. "Canadians are entitled to know what the agency is doing, and you can't go around making these sweet deals for millionaires and not explain why you did it."

Milot wants a reprieve on penalties for his clients, who he says were victims of an unscrupulous tax preparer, in light of revelations of the CRA's handling of the KPMG case.

"Because certainly if [the KPMG] clients are entitled to this great deal, my clients are equally or more entitled to it," he said.


I really like this part;

In an email to CBC News last month, Jacques Hudon, director of policy for Revenue Minister Lebouthillier, said it would be inappropriate to provide journalists a briefing on this topic, or to grant an on-camera interview.

"As the matters raised in your correspondence are either before the courts, precede the appointment of the current minister, or are related to administrative matters, it would be inappropriate for her to comment on them," Hudon said.

He added that the CRA had already provided "substantial information" on this matter to CBC journalists.

Reporter Frederic Zalac tried to speak directly to Lebouthillier after she made a public appearance at Winterlude in Ottawa. She again declined to be interviewed, saying the entire matter was before the court.


We'd love to talk about it, we want to tell you our side but unfortunately it's before the court so we just can't discuss it. We'll get back to you. But we Canadian taxpayers shouldn't be concerned. The CRA didn't make a super-special secret deal because the political fix was in but because the CRA was looking out for the best interests of all Canadians by trying to save us money by get the best deal for us without putting us at risk from those hostile courts;

In an earlier response, Canada Revenue's media relations officer Philippe Brideau said in a statement: "CRA practice also recognizes that the earliest possible resolution of disputes is in the public interest, as lengthy litigation is costly to all parties and the outcome of complex, tax-related litigation processes may be difficult to predict."
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Fussygus
Scalawag
Scalawag
Posts: 73
Joined: Tue Mar 04, 2014 2:54 pm

Re: KPMG Credible Tax Scam?

Postby Fussygus » Thu Mar 10, 2016 2:20 am

Burnaby49 wrote:
For his part, Gallivan said that he sees no need at this juncture for public hearings. "I've seen no information that would cause me to recommend or even support a public inquiry."

Gallivan, who only recently became the assistant commissioner in charge of compliance at the CRA, said he was personally unaware of the agency's settlement offer to KPMG clients.
"We completed over 9,000 aggressive tax planning cases last year with a total of $1.6 billion," Gallivan said.

"This is a very important file but it doesn't represent even one per cent of the volume of work we do."
Court records indicate that at least 26 clients parked more than $130 million offshore in the KPMG scheme.




When I read this comment, BY the assistant commissioner in charge of compliance at CRA, am am drawn to do basic math 9000 cases totaling $1.6M equates to an average of $178k per case; 26 cases totaling $130M equates to $5M per case. Now he doesn't explain the totals but in any case his downplaying the significance of this case will most certainly cause the public to loose faith in the fairness of the system. His statement amount to the musing of a person caught with his hand in the cookie jar .... "but Jimmy took three cookies!". He attempts to blame not aggressively pursuing this file because it is insignificant. Seems he doesn't seem to appreciate that MOST of his bosses, the Canadian public, do not even come close to having $5M.

All I can say is that if I was the one making the decision, there had better be a serious effort to put some KPMG heads on stakes. Otherwise the people will be looking for my blood to fill their cups.

Fuzzy
Last edited by Fussygus on Thu Mar 10, 2016 10:58 am, edited 1 time in total.
Les semper intendit quod convenit ratione.

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Thu Mar 10, 2016 2:23 am

Gus - You posted twice so I deleted one.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Thu Mar 10, 2016 9:20 pm

"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Tue Apr 12, 2016 1:50 am

The government is responding to the extremely bad publicity over the KPMG issue with damage control press releases saying that they are really, really, really trying hard to stop tax evasion;

http://news.gc.ca/web/article-en.do?nid=1049689&tp=1

This is the kind of publicity they're facing;

http://www.cbc.ca/beta/news/canada/senior-federal-tax-enforcer-joined-kpmg-too-soon-1.3530217

http://www.cbc.ca/news/multimedia/from-public-to-private-a-list-of-federal-tax-officers-who-joined-accounting-firms-1.3527323

http://www.cbc.ca/news/canada/kpmg-canada-revenue-agency-jeff-sadrian-1.3526618

http://www.cbc.ca/news/canada/canada-revenue-agency-kpmg-court-case-delayed-1.3529363

http://www.cbc.ca/news/canada/kpmg-canada-revenue-agency-andrew-treusch-speech-1.3529023

http://www.cbc.ca/news/business/accounting-firms-recruited-cra-justice-staff-1.3526762

In my opinion the inaction on the government's part to to require compliance with the court order demanding that KPMG release client names has to have been a political decision. The case has been bogged down for years without the federal government showing any enthusiasm for getting another order forcing KPMG to obey the existing order. The excuse has been that they are in discussions with KPMG. They must have a lot to talk about.

That sweet sweet deal the CRA offered the CRA clients if they would condescend to deal with the CRA is also getting a lot of flack. I agree with the quote below from;

http://www.cbc.ca/news/canada/canada-revenue-agency-kpmg-court-case-delayed-1.3529363

David Chodikoff was a Crown counsel for years before he went over to the darkside and entered private practice.

For Toronto tax lawyer and author David Chodikoff, the most important question — one that the current Liberal government has so far declined to answer — is why the secret amnesty deal was ever offered in the first place.

"Who was it that agreed to do this within the government? Why did they agree to do it? Who vetted the decision? One would think it would have had to have been vetted by senior management both in the CRA and [the Department of] Justice. So the next question is, well, who are these people?" Chodikoff asked.

Chodikoff said he was speaking from his own prior experience as a federal government tax lawyer and prosecutor.

"I'm a former Crown. I did this stuff for 16 years, and to me, this was such a meaty case," he said. "I think there were some good issues here to be tried. And to me, the government rolled."

Chodikoff also said people within the tax community are scratching their heads. "There's a pretty broad view that this particular settlement is offensive, because the tax plan itself was so apparent that it was intended to minimize the payment of tax, and it should have been challenged."

Chodikoff is one of many tax lawyers, academics, and industry watchdogs who have demanded answers about why an influential accounting firm like KPMG got this particular deal for its clients.

"If the government believes this was a sham, it's accusing KPMG of being involved in it," he said. "And you would have thought that the government would have wanted to find out if the court agreed with that analysis. And that's what's disturbing."
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Wed May 11, 2016 9:50 pm

Peter Marshall Cooper, the local poster boy for the KPMG Isle of Man tax scheme, is getting his day in court right here in Vancouver! Specifically he has a Tax Court hearing scheduled to start May 16th, next Monday. This will be the first Canadian court test of the KPMG scheme.

I know the Vancouver Tax Court very well. Back in my CRA days I testified in Tax Court and often sat in on hearings. It shares premises, and a court registry, with the Federal Court of Canada and the Federal Court of Appeal and is very conveniently located just across Granville Street from the Granville Skytrain Station.

I assume that my readers, knowing my endless appetite for attending and reporting on court hearings, anticipate that I will sit through this and report it in all of its endlessly boring details. That assumption would be wrong. Not because of lack of interest but because my spare time is already booked solid until mid-July. I have a number of Poriskyite/Paradigm hearings that I'm currently attending and I have a five week boozing trip to Britain in early June that I still have to largely plan. Once this hearing is concluded there will be a full written decision and I will do a thorough analysis of it.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Sat May 14, 2016 2:35 am

I have to revise my comments in the last post. The hearing on May 16th seems to be a case management conference. So just more wrangling on the way to the trial hearing.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Mon Jun 06, 2016 6:03 pm

"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Tue Jun 07, 2016 5:02 pm

And more. Use KPMG to cheat your wife while you're cheating on your wife;

http://www.cbc.ca/news/business/kpmg-tax-dodge-divorce-1.3618743
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

User avatar
bmxninja357
Admiral of the Quatloosian Seas
Admiral of the Quatloosian Seas
Posts: 1027
Joined: Wed May 07, 2014 7:46 am

Re: KPMG Credible Tax Scam?

Postby bmxninja357 » Sat Mar 04, 2017 6:12 am

and speaking of kpmg......

http://www.cbc.ca/fifth/episodes/2014-2 ... touchables

interesting.
ninj
whoever said laughter is the best medicine never had gonorrhea....

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Sat Mar 04, 2017 6:54 am

"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Tue Mar 07, 2017 1:42 am

"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Tue Mar 07, 2017 10:10 am

And conflict of interest raises it's ugly head;

http://www.cbc.ca/news/business/tax-court-judge-party-1.4009200

Although there is less here than meets the eye. Bobcock is the Case Manager for the Cooper file which means that he handles all of the preliminary legal skirmishing prior to the actual Tax Court hearing but that's it for his responsibilities. Basically housekeeping prior to trial. The article says;

Bocock is currently the case management judge in the Vancouver tax court case and will likely not be the judge presiding over the actual trial. No trial date has been set.


There is no "likely not" about it. The whole point of appointing a case manager is to keep the actual trial judge away from all the arguing and bickering that can take place prior to the hearing to avoid any accusations of prejudice. The Cooper appeal is a big issue, the taxpayers have retained a very experienced counsel and the decision will probably set a precedence for the rest of the KPMG scheme appeals. So the court is playing it safe by appointing a case manager who will bow out when the case is actually heard leaving it to another judge to do the heavy lifting.

As an aside I attended one of the Cooper hearings. it was just procedural, a request for an adjournment. I'll try and attend the actual trial when it is heard.
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs

Burnaby49
Quatloosian Ambassador to the CaliCanadians
Quatloosian Ambassador to the CaliCanadians
Posts: 5816
Joined: Thu Oct 27, 2011 3:45 am
Location: The Evergreen Playground

Re: KPMG Credible Tax Scam?

Postby Burnaby49 » Tue Mar 14, 2017 1:13 am

I said in my prior post;

Although there is less here than meets the eye. Bobcock is the Case Manager for the Cooper file which means that he handles all of the preliminary legal skirmishing prior to the actual Tax Court hearing but that's it for his responsibilities. Basically housekeeping prior to trial. . . .

The whole point of appointing a case manager is to keep the actual trial judge away from all the arguing and bickering that can take place prior to the hearing to avoid any accusations of prejudice. The Cooper appeal is a big issue, the taxpayers have retained a very experienced counsel and the decision will probably set a precedence for the rest of the KPMG scheme appeals. So the court is playing it safe by appointing a case manager who will bow out when the case is actually heard leaving it to another judge to do the heavy lifting.


Well the Case Manger bowed out a bit sooner than expected. He's jus recused himself on his own motion as a result of that article about him attending a legal firm's party.

[3] On Saturday, March 4th, 2017, I received an email. It referenced a CBC television programme, the Fifth Estate, and a tax judge. As a result, I then viewed a replay of that programme which had aired the night before.

[4] In that programme, these appeals were referenced. So was my role as case management judge for these appeals. In addition, the programme indicated that a law firm, Fraser Milner Casgrain (now Denton's), was somehow involved in these appeals. The programme also referenced a reception hosted by that law firm at a tax conference I attended in September, 2016. My wife and I briefly attended that reception, open to conference attendees and their guests. I was aware of all these facts, but not the fact that law firm Fraser Milner Casgrain (now Denton's) was referenced anywhere in these appeals.

[5] On Monday, March 6th, I returned to my office. I checked my judge's files related to these appeals. As a result of that review, I discovered a single reference to that law firm in the appellants' notices of appeal. After that discovery, I then ceased all further action as case management judge for these appeals, save taking steps to recuse myself.

[6] I am advised that a preliminary investigation has been commenced by the Canadian Judicial Council. Whether reference to that law firm in these appeals and my attendance at the reception is material, important or relevant to my conduct in these appeals is for the Canadian Judicial Council to determine. Making such a determination is mandated, fair and appropriate for that proper body. That process will unfold as it should.

[7] The Tax Court serves the people of Canada. I serve the Tax Court for that purpose alone. In these appeals, the respondent and appellants comprise the people of Canada. One seeks to protect the country's tax revenue and the others seek to challenge the tax assessments. Where there is an investigation into my conduct specifically connected to these appeals, my purpose as servant of the Court and people of Canada in these appeals has been questioned. This is justification and cause for recusal.

[8] Similarly, justice must be done and seen to be done. This is true for the people of Canada, the parties to this appeal and the Tax Court of Canada. I fundamentally believe in these principles as a tax judge, taxpayer and Canadian. Although to date I have not been asked to rule on any matters in dispute in these appeals, I could be in the future. This is another reason for recusal.

[9] At present, through the hard work of counsel, these appeals are proceeding accordingly in the usual adversarial, but civil manner. There appears to be no urgent need of the parties for the immediate services of a case management judge. Therefore, my immediate recusal will not harm the present process.


http://decision.tcc-cci.gc.ca/tcc-cci/decisions/en/item/224020/index.do
"Yes Burnaby49, I do in fact believe all process servers are peace officers. I've good reason to believe so." Robert Menard in his May 28, 2015 video "Process Servers".

https://www.youtube.com/watch?v=XeI-J2PhdGs


Return to “Canada”

Who is online

Users browsing this forum: No registered users and 1 guest