Comments on Tonn, Mastri, Mohammad and Kaye cases.
Comment on Scott case.
Comment on Wildenburg case.
"We think the Sherway decision helps distinguish between those financial arrangements where the participation payments are intended to be interest as evidenced by an attempt to reflect the prevailing rate of interest and those arrangements where the participating payments are structured to be in reality a distribution of profit."
Discussion of Duha Printers case.
"The Department recognizes that a start-up period often involves incurring extra costs in order to get a business up and running but taxpayers should not assume that two or three years of start-up costs will automatically be accepted."
Reference to Brelco case.
RC now accepts that s. 56(2) "does not apply in the Neuman-type situations" and, further, has concluded that GAAR would not apply.
Discussion of Crown Forest case.
