Question juridique clé
Are the 2004 garden renovation expenses deductible as maintenance costs for direct federal tax?
Solution extraite
No. The expenses were not maintenance but non-deductible costs because the original garden works had not created a usable, intact value that could later be maintained or restored.
Motifs extraits
The Dumont practice does not apply to newly created property such as land with a newly built house and garden. The court found the 2004 works remedied defects from the original construction and effectively created the first proper, intact garden condition rather than preserving an existing one.