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FCTD

The Queen v. Covertite Ltd., [1981] CTC 464, 81 DTC 5353 (FCTD)

(r) Both corporations changed their taxation year to December 30 in 1971 and the sales and net income reported have been the following for each corpora- Defendant Covertite (Ontario) Ltd Year ending Dec. 30/71 Sales $ 806,843 $501,957 Net income 39,368 22,615 Year ending Dec. 30/72 Sales $1,141,655 $577,096 Net income 31,176 21,479 (s) The combined taxable incomes of the Defendant and Covertite (Ontario) Ltd. were as follows for the taxation years ending on the indicated dates: Jan. 31/71 62,315.09 Dec. 30/72 $70,907.00 From the figures given in (m) and (n), it is clear that the defendant company was consistently adjusting its salaries and bonuses so that the net profit remained just below the amount at which a higher tax rate would have been payable, which showed the importance of tax considerations in the defendant’s and Mr Warner’s activities. ...
FCTD

Bechthold Resources Ltd. v. MNR, 86 DTC 6065, [1986] 1 CTC 195 (FCTD)

. File No. T-2626-85 [since reported at [1986] 1 C.T.C. 110; 86 D.T.C. 6027], where it was held that certiorari was available to the applicant, and the assessment and requirement to pay were quashed. ...
FCTD

Kaiser Petroleum Ltd. v. The Queen, 90 DTC 6034, [1990] 1 CTC 62 (FCTD), rev'd 90 DTC 6603 (FCA)

Whelan, who subsequently became president of Oil & Gas, Kaiser Petroleum Ltd., could add that as the events unfolded, no material changeover in personnel took place. ...
FCTD

Richard v. MNR, 88 DTC 6239, [1988] 1 CTC 388 (FCTD)

Justice Dubé in the case of Director of Investigation & Research: the Competition Act, R.S.C. 1970, Chap. ...
FCTD

Greiner v. The Queen, 81 DTC 5371, [1981] CTC 477 (FCTD), aff'd 84 DTC 6073, [1984] CTC 92 (FCA)

I cannot accept that evidence nor can I regard, as I was invited to do, the total amount of payment as representing compensation in lieu of damages. dent, this would produce a total amount of some $243,750 (ie, $75,000 39 + 12 $243,750. ...
FCTD

Mendels v. The Queen, 78 DTC 6267, [1978] CTC 404 (FCTD)

As I appreciate the principle with respect to a finding of sham enunciated by Mr Justice Heald speaking for the Court of Appeal in the Leon case (supra) it was that while a company may be incorporated for the purposes which it was intended to be incorporated and pursued those purposes and therefore would not be a sham within the meaning of that word as laid down by Lord Diplock in Snook v London & West Riding Investments Ltd ([1967] 1 All ER 518 at 528) nevertheless such a management company may become a sham company if the agreement or transaction with that company lacks a bona fide purpose therefor. ...
FCTD

West Hill Redevelopment Co. Ltd. v. The Queen, 91 DTC 5430, [1991] 2 CTC 83 (FCTD)

This accounting approach resulted in the plaintiff deducting from its income the following amounts in respect of its discount mortgage portfolio: 1977 $ 99,905 1978 $342,679 1979 $833,081 The Minister of National Revenue reassessed the plaintiff for the 1977 to 1979 taxation years. ...
FCTD

Markin v. The Queen, 96 DTC 6483, [1996] 3 CTC 212 (FCTD)

.: This action arises out of a reassessment made by the Minister of National Revenue (the “Minister”) on 20 March, 1985 in respect of the plaintiff’s 1982 taxation year. ...
FCTD

Leasehold Construction Corp. v. The Queen, 95 DTC 5470, [1995] 2 CTC 188 (FCTD)

Even a land speculator can occasionally buy an investment property (S & S Properties Ltd. v. ...
FCTD

Groupmark Canada Ltd. v. The Queen, 93 DTC 5179, [1993] 1 CTC 234 (FCTD)

The Queen, [1980] C.T.C. 57, 80 D.T.C. 6009, dealing with exchange rates, Addy, J. stated at pages 59-60 (D.T.C. 6011): The word payable” does not normally mean “paid”. ...

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