Question juridique clé
Whether new facts justified back taxation for direct federal tax 2001
Solution extraite
No. The tax authority had sufficient indications of the share sale and failed to make the necessary inquiries, so no new facts existed.
Motifs extraits
The taxpayer gave several hints in the return, including references to annexes and leaving the year-end securities value blank for the shares. Given those indicators and the taxpayer's consistent position that no taxable gain arose, the authority should have investigated further; knowledge is attributed to it.