Symmetry

Table of Contents

Cases

Daishowa‑Marubeni International Ltd. v. Canada, 2013 DTC 5085 [at 5959], 2013 SCC 29, [2013] 2 S.C.R. 336

harmonious, symmetrical scheme to be favoured

Before reaching a result under which future reforestation obligations of a purchased logging business would neither be recognized as expenses by the purchaser at the time of purchase nor be included in the vendor's proceeds of disposition, Rothstein J stated (at para. 43):

[A]n interpretation of the Act that promotes symmetry and fairness through a harmonious taxation scheme is to be preferred over an interpretation which promotes neither value.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Proceeds of Disposition reforestation obligations were not a distinct liability assumed by purchaser 298

Ikea Ltd. v. Canada, 98 DTC 6092, [1998] 1 S.C.R. 196

See also Tennant

"The desirability of an accurate picture of income, in my view, inherently outweighs the possible inconvenience of an asymmetrical result in the occasional case."

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Compensation Payments tenant inducement payment was received in course of retail store operations 128
Tax Topics - Income Tax Act - Section 9 - Timing no conditions attached to use of receipt 45