"As a result, while the Tax Court Judge should have first acknowledged that the onus was on the Minister to establish the facts that would justify the reassessments issued for the statute-barred years, there was sufficient evidence before the Tax Court Judge for him to conclude that the Minister had satisfied this onus. Mr. Deyab had made a misrepresentation in his tax returns for 2007 to 2010 by not reporting the amounts that were transferred to him and his family by M.D. Consulting, which, based on the evidence as presented, were not, on a balance of probabilities, repayments of amounts due to him. This misrepresentation was attributable to the neglect or carelessness of Mr. Deyab in not properly maintaining a shareholders’ loan account that perhaps could have justified the payment of the amounts to him as repayment of his shareholder’s loan.\n\nMaintaining a proper shareholders’ loan account would ensure that there is an accurate accounting for all amounts lent by a shareholder to the corporation and repaid by that corporation. This would ensure that amounts that are properly repaid to a shareholder as amounts payable to that shareholder are not included in that shareholder’s income as a taxable benefit. In this case, failing to do so has resulted in a considerable tax liability to Mr. Deyab that perhaps could have been avoided."