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

Pillar two compliance is creating unprecedented data demands for multinational tax departments, making closer collaboration with FP&A teams essential for accurate reporting and audit readiness
Among the arrivals is Andrew Howell, who leaves scandal-hit PwC Australia after representing PepsiCo in a high-profile TP dispute
ITR's podcast examines whether the big four have overarching cultural issues and assesses the competitive threat of technology-backed transfer pricing firms
The UK advisory firm has seen its global revenues expand by £27.2m following its listing and acquisition of Baker Tilly South-East Europe
Tax-trained John Sams, previously the firm’s CFO and COO, was appointed after a rigorous process, KPMG said
From Mauritius substance rules to Kenyan SEP tax and South African anti-avoidance measures, businesses must navigate growing scrutiny of cross-border IP structures in Africa
ITR spoke to multinationals, advisers and software providers about a June 30 deadline defined by faulty portals, high compliance costs and hard lessons
After years of onerous pillar two prep, businesses will be galled in seeing tax revenues outweighed by compliance costs
Tax advisers should revisit India secondment arrangements after the EY US ruling strengthened the Centrica precedent and raised fresh withholding concerns
Despite the shortfall, effective tax rates of multinationals have seen a ‘statistically significant rise’
Gift this article