Trucker wins meal battle

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KITCHENER, Ont. – Another trucker, Arthur Hiscoe, has fought in Tax Court and won the right to claim more than 50 per cent of $33 for daily meals.

In ruling on the case, Justice E.A. Bowie permitted a daily receipt-free deduction based on US$40 per day rather than the standard 33 Canadian greenbacks.

“…The Minister’s counsel took the position not only that (Hiscoe) had not proved the amount he spent for meals, but in the alternative, that any amount greater than C$33 per day does not pass the test of reasonableness imposed by subsection 67.1(1),” Bowie explains. “Reasonableness, however, is not governed by the Minister’s opinion, or even the Court’s. The question to be asked is whether anyone in (Hiscoe’s) circumstances, acting reasonably, could pay the amount in question for meals,” Bowie also adds.

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