"Mr. Deyab does not dispute that he and his family received the amounts indicated above from M.D. Consulting. However it was, and remains, his position that he was simply withdrawing money that he had previously transferred to M.D. Consulting.\n\nAt pages 19 - 20 of the transcript of his oral reasons, the Tax Court Judge notes:\n\n[…] It is clear, and admitted by Mr. Deyab, that he received the amounts remaining at issue in this Appeal from M. D. Consulting 2005 Inc. which total in aggregate $2,349,779. It is also clear, and accepted by the Respondent, that Mr. Deyab, and his family, transferred substantial amounts to M. D. Consulting 2005 Inc. before or during the years at issue in these Appeals. In my view, however, Mr. Deyab has not established, on a balance of probabilities, that the amounts he received were a repayment of shareholder loans. There is, in my view, insufficient credible evidence to support that assertion.\n\nBased on all of the foregoing, it is my view that Mr. Deyab received the shareholder benefits remaining at issue in these Appeals totalling $2,349,779 from M.D. Consulting 2005 Inc. in the years under appeal, and that he failed to report such amounts in his income in those years.\n\nHaving concluded that Mr. Deyab received amounts totalling $2,349,779 in respect of shareholder benefits he received from M.D. Consulting 2005 Inc. and was required to include the amounts in his income during the taxation years under Appeal, I will next address the issue of subsection 163(2) gross negligence penalties and the reassessment of statute-barred years pursuant to subsection 152(4) in this case."