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Record W2956039063

Legal Interpretation in Tax Law: Canada

2017· article· en· W2956039063 on OpenAlexaffabout
Kim Brooks

Bibliographic record

VenueSSRN Electronic Journal · 2017
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicTaxation and Legal Issues
Canadian institutionsDalhousie University
Fundersnot available
KeywordsInterpretation (philosophy)AdjudicationTax lawPolitical scienceLawCommon lawLegislatureJudicial interpretationComparative lawLaw and economicsTax reformSociology
DOInot available

Abstract

fetched live from OpenAlex

This chapter is designed to lay the ground for comparative study into legal interpretation in tax law. To that end, its goal is primarily descriptive. It is designed to address the kinds of factors that might support a comparative analysis of Canada’s approach to legal interpretation. Presumably, similarities and differences among countries might be identified and explained based on a set of factors, including the structure of government, the design of adjudication mechanisms (both administrative and judicial), the dominant philosophies of language, the historic practices of interpretation, the importance of legislative purpose and the extent to which external aids are relied upon, and the overarching norms of grammar and their interaction with legislative drafting.The chapter proceeds in nine parts. Section §4.02 describes the structure of Canadian government and the formal process for resolving tax disputes. Section §4.03 turns to an overview of the approach to legal interpretation, focusing largely on Canada’s Supreme Court’s approach in recent years. Section §4.04 explores more specific dilemmas of legal interpretation including how courts view the interpretation of tax laws compared to other legislative instruments, how tax law interacts with common law concepts, and how tax law and tax accounting are connected. Section §4.05 examines Canada’s use of interpretive aids, highlighting the role played by parliamentary documents, administrative guidance, and secondary materials and materials from other jurisdictions. Section §4.06 reviews the use of interpretive conventions. Section §4.07 reflects on the impact of the general anti-avoidance rule (GAAR) on interpretive approaches. Sections §4.08 and §4.09 offer brief reflections on variations in the interpretation of the goods and services tax (GST) and the interpretation of tax treaties. Section §4.10 concludes.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.839
Threshold uncertainty score0.648

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0010.002
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.006
GPT teacher head0.224
Teacher spread0.218 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2017
Admission routes2
Has abstractyes

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