McKesson saga continues with new filing by taxpayer

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 & shared bottom lb ros

More from across our site

Awards
It was another banner year for Deloitte, which picked up more awards than any other firm at a gala ceremony held at The Londoner in Leicester Square
The big four firm has been embroiled in a scandal over partners’ misuse of confidential board papers to pitch for and win corporate audits for Westpac and Dexus
Drawing on lessons from the PepsiCo case, tax lawyer Paul McNab explains why the ATO's latest royalty guidance should concern multinationals well beyond the technology sector
As pillar two exposes the limits of fragmented tax processes, organisations are rethinking their operating models to create the trusted data foundations that AI demands
World Tax data shows Matt Donnelly is moving from a Tier 3 transactional tax practice to a Tier 1 market leader, underlining Kirkland & Ellis’s pull at the top end of the market
Nexdigm's Maulik Doshi and infer360 co-founder Sunil Agarwal dig deeper into their partnership and discuss why the tax technology industry is consolidating
Advisers won’t be short of work in a world of increased valuation disputes, documentation requirements and behavioural responses from clients seeking to protect their wealth
Jaydeep Menon explains how Frazier & Deeter built a specialist practice which helps UK start-ups expand into the US and why private equity backing is accelerating its ambitions
As joint audits, data sharing and pillar two reshape tax controversy, multinational groups can no longer afford to manage disputes one jurisdiction at a time
Brazil's tax system is being reshaped by VAT , pillar two and TP reform. Fallet explains why those changes convinced him to lead a new practice
Gift this article