Based about the information report involving Comeco Corporation it could be observed that the firm engaged in transfer pricing plan. The plan has actually been employed not merely by Comeco but in addition by other businesses which include Apple Corporation, that’s presently going through a legal suit of 15 billion dollars (DeBacker, Heim, & Tran, 2015). Dependent around the news short article regarding Comeco, it could be observed the enterprise does not have full-time employees and has not actual operations in Swaziland as it claims. Besides, all the Uranium are obtained from Canada, and all the profits are channelled to other countries, which violate the prime reason establishing Comeco in Canada. For example, during the establishment, the Canadian government provide Comeco with several subsidies. Besides, the employees of Comeco were given a free insurance cover by the Canadian government. Besides, the education for the children of employees of Comeco Corporation was fully paid by the government to ensure that employees were motivated to work harder and increase the profitability of the organization. Despite all the subsidies and conducive working environment, the Canadian government offered that Comeco the business decided to enter into schemes that aimed at depriving the Canadian government corporate income tax.
The ruling of this case between Comeco and Canadian Revenue Authority may be determined base to the principle of “stare decisis” which follow the precedence of other case laws that were decided before. One of the most appropriate case law for determining Comeco case on tax dodge is the case law of Gregory V. Helvering. The case involved Gregory Evelyn who owned all the shares of United Mortgage Business in the United States. In 1928 September Evelyn formed, another corporation called Averill Corp and transferred all the shares she owned in the United Mortgage Firm. After three days, she dissolved Averill Corp and transferred all the shares she held in this firm to herself. Evelyn claimed which the commissioner of the U.S. Internal Revenue should only tax her for capital gained and not income tax. The court was held in favour of the taxpayer by the board of tax appeal. The Commissioner of Internal Revenue was not satisfied with the ruling made by the board of tax appeal and appealed the case to the United Supreme Court for further determination.
The results of Comeco case may be ruled primarily based around the rulings made by the Supreme Court regarding the case of Gregory V. Helvering. The Supreme Court held the case in Gregory V. Helvering in favour of the Internal Revenue commissioner. The Court argued that the transaction did not lose its immunity due to the Mrs. Gregory desire to avoid tax payment. Secondly, the corporate readjustment and restructuring by Evelyn were a plan intended to dodge tax liability payment. Hence, the Supreme Court ruled in favour of the Internal Revenue commissioner.
Lawful Risk Management Strategies
Legal risk management strategies involve the process of identifying, evaluating the exposure to risk and finding the most appropriate measures that could be put forth to handle risk exposure via risk identification, assessment, and prioritization. Authorized risk management is imperative in any company because it helps the organization to know how to avoid certain risk as well as how to manage the risk that cannot be avoided. Several authorized risk management strategies involve the following six processes namely, framework selection, seeking organization commitment, identification of authorized risk, assessment of authorized risk, evaluation and finally communicating and advising. The first process of legal risk management involves defining a framework, which defines the criteria via which legal risk should meet. The framework also comprises of the objectives that need to be met. The objectives should be clear, practical, and adaptable. The second strategy involves seeking organization commitment and support. Without organization commitment regarding financial resource the process of lawful risk, management may not be successful. The support of both top and bottom level management staff should be sorted. Besides, the scope and type of authorized risk should be well defined. The third strategy involves identification of the lawful risk whereby the source of risk is identified (Power www.bestessaysforsale.net/term-paper-writing-service, 2004). After the source of authorized risk has actually been identified, it is important to define actual and potential risk so that it becomes easy to handle it. The risk is then recorded in a register so that all attributes of the authorized risk can be captured. The fourth strategy of authorized risk management focuses on analyzing the risk so which the risk recorded in the register is usually clearly understood. During the assessment control and assessment, the process takes place. The potential impact of the authorized risk is assessed to know measures that may be put in place. The fifth strategy of authorized risk management involves lawful risk evaluation. Under the evaluation, the process focuses on prioritizing authorized risk so that to find out organization tolerance to the lawful risk. The risk is treated differently depending on its severity. For example, the organisation may adopt risk avoidance techniques; it may also adopt risk removal or share the risk with insurance companies. The final strategy of legal risk management involves communicating about the risk and advising on the most appropriate course of action that an organization should take (Wiengarten, Humphreys, Gimenez, & McIvor, 2016).
Why I choose this article
The reasons why I choose this post is because it captures all the requirements needed for successful completion of this paper. For example, it captures a lawful issue covered in the global news write-up where Comeco Company is experiencing legal accommodate for failing to honour its corporate legal obligation of paying the Canadian government corporate income tax. The corporation entered into a contract with the Swiss government to establish a subsidiary in Switzerland so that it could minimize the tax liability in Canada. Besides, the write-up is based mostly on Saskatchewan as required in the instructions.
The evaluation of the Saskatchewan legal issue in the information write-up involves Comeco Company; it may be scrutinized which the corporation has become failing to abide per the Canadian Tax law. The case involves a legal issue of whether Comeco Corporation is liable for evading tax by engaging in transfer pricing plan by forming a subsidiary in Swaziland. The investigation indicates that the Canadian Revenue Authority has taken Comeco to the Federal court for a determination of justice. Besides, Comeco continues to be dealing with pressure from the activist group, which demand it to pay taxes. Dependent about the authorized assessment it may possibly be observed that Comeco case may be decided using the precedence that was followed by the supreme court in the U.S in the case of Gregory V. Helvering where the court held in favour of the Revenue Commissioner demanding Gregory Evelyn to pay income tax.
CBC New. (2016). Cameco faces CRA in court over $2.2B tax bill: The Canadian Press. Retrieved :< http://www.cbc.ca/news/business/cra-tax-cameco-1.3788766> DeBacker, J., Heim, B. T., & Tran, A. (2015). Importing corruption culture from overseas: Evidence from corporate tax evasion in the United States. Journal of Financial Economics, 117(1), 122-138. Gregory v. Helvering, 293 U.S. 465, 55 S. Ct. 266, 79 L. Ed. 596 (1935). Power, M. (2004). The risk management of everything: Rethinking the politics of uncertainty. Demos. Wiengarten, F., Humphreys, P., Gimenez, C., & McIvor, R. (2016). Risk, risk management practices, and the success of supply chain integration. International Journal of Production Economics, 171, 361-370.