McKesson saga continues with new filing by taxpayer
International Tax Review is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

McKesson saga continues with new filing by taxpayer

McKesson has filed a supplementary memorandum of fact and law after the Court of Appeal deemed its initial memorandum too lengthy. The controversial transfer pricing case, involving a trial judge’s recusal, appears unlikely to come to a conclusion anytime soon.

On January 5, McKesson filed its Supplementary Memorandum of Fact and Law.

McKesson filed an initial Memorandum of Fact and Law on June 11 2014 which claimed that Justice Boyle, of the Tax Court of Canada, “erred” in his findings concerning a receivable sales agreement between McKesson Canada and its parent company (MIH) in Luxembourg.

In 2002, MIH bought receivables from McKesson for $460 million and purchased all eligible receivables daily, for the next five years, subject to a $900 million cap. McKesson used a discount rate of 2.206%.

Justice Boyle said an arm’s-length rate in the range of 0.959% to 1.17% would have been appropriate and dismissed the taxpayer’s appeal.

On September 4 2014, Justice Boyle filed his recusal. The 47 page recusal stated that McKesson’s appeal contained “clear untruths” and made “allegations of impartiality”.

Supplementary memorandum of fact and law

McKesson filed the supplementary memorandum at the request of the Court of Appeal who found their initial memorandum “unnecessarily lengthy”.

The supplementary memorandum states that the reasoning behind Boyle’s recusal endangered “the appearance of fairness on appeal”.

The memorandum goes on to say that the recusal reasons:

· Are an improper attempt to influence the Court of Appeal;

· Undermine the solicitor-client relationship;

· Retrospectively reveal the trial judge’s disposition against the Appellant;

· Fundamentally misconstrue the Appellant’s arguments on appeal; and

· Raise an inescapable inference of animus against the Appellant.

The Crown has yet to file a responding memorandum.

While an outcome in the McKesson Canada Corp. versus The Queen is unlikely to happen anytime soon, one thing is clear - this has to be one of the most controversial and drawn out transfer pricing cases to date.

more across site & bottom lb ros

More from across our site

Proposed regulations on corporate excise tax pose challenges on different fronts, experts tell ITR
The finalists for the 13th annual awards have been revealed
Mazars needs to do all it can to capitalise on TP as a growth area, ex-Deloitte TP director Jeremy Brown has told ITR
Sanjay Sanghvi and Raghav Bajaj of Khaitan & Co provide a practical guide for foreign investors looking to capitalise on Indian’s investment potential
The newly launched Tax Responsibility and Transparency Index will assess the ethicality of companies’ tax practices against global standards and regulations
The reported warning follows EY accumulating extra debt to deal with the costs of its failed Project Everest
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
Paul Griggs, the firm’s inbound US senior partner, will reverse a move by the incumbent leader; in other news, RSM has announced its new CEO
The EMEA research period is open until May 31
Luis Coronado suggests companies should embrace technology to assist with TP data reporting, as the ‘big four’ firm unveils a TP survey of over 1,000 professionals
Gift this article