Search - 包建铎违纪违法案件以案促改以案促治专题组织生活会 个人对照检查

On or about January 1, 1986, the appellant was the beneficial owner of an estate in fee simple in respect of various pieces of farmland which had been acquired before 1986 having the following legal descriptions: (i) NW 23-63-2-W5th ("Land No. 1 ") (ii) SW 23-63-2-W5th (“Land No. 2”) (iii) E 23-63-2-W5th (“Land No. 3”) (iv) NE 1-63-4-W5th ("Land No. 4") (v) NE 36-62-4-W5th ("Land No. 5") (vi) SE 6-63-3-W5th (“Land No. 6") In respect of his 1986 taxation year, the appellant had elected that his income from the farming business be computed in accordance with the cash method as defined in subsection 28(1) of the Income Tax Act, R.S.C. 1952, C. 148 (am. ...

(for Customs & Excise), [1984] C.T.C. 75, 84 D.T.C. 6081 (F.C.A.), the appellant used reusable bottle cases and carriers on the assembly line before and after soft drinks it manufactured were bottled. ...

The following is stated in Budget Papers of May 23, 1985, at page 56: A deduction from taxable income — $2,590 in 1985- is allowed for a disabled person, currently defined as a person who is blind at any time in the year or confined to a bed or wheelchair for a substantial period of time each day. ...

And in Banff Park Savings & Credit Union Ltd. v. Rose et al. (1982), 139 D.L.R. (3d) 764, 22 Alta. ...

It states that the appellant is indebted to Pioneer of four outstanding loans, namely: (a) $79,212 (b) $ 2,500 (c) $64,000 (This is the rights loan, Exhibit A-2) (d) the remainder of the $20,000 loan. ...

In so reassessing the appellant, the Minister made the following assumptions of fact: (a) the appellant is a Priest who, prior to 1991, was employed by the St-Jean Baptiste Parish (the "Parish") in St-Boniface, Manitoba; (b) the appellant was suspended by the Parish on September 15, 1990; (c) the appellant continued to receive his regular monthly salary in the amount of $1,392 until April 30, 1991; (d) commencing on May 1, 1991, the appellant was placed by the Parish/La Corporation Archiépiscopale C.R. de St-Boniface/La Société Ecclésiastique de St-Boniface (the "employer") on the employer's private pension and disability plan (the "plan"); (e) employees (priests) contribute five per cent of their monthly salary to the plan and parishes contribute two per cent of their Sunday collections; (f) no allocation between the pension plan and the disability plan is made with respect to employees’ contributions; (g) the plan paid the appellant 87 per cent of his regular monthly salary, namely 87 per cent of $1,392 = $1,211; (h) during the 1991 taxation year the appellant received disability (sick) benefits from May to December, i.e., 8 X $1,211 $9,688; (i) the employer charged the said disability benefits to its general ledger account #7202 "Maladie" (sickness); (j) the employer considered these disability benefits not to be taxable in the appellant's hands, and therefore made no deduction (of tax, etc.) and did not issue a T4 slip to the appellant in respect of these benefits; and (k) the appellant did not repay any portion of the said benefits received by him in the 1991 taxation year. ...

The word “ allowance” was defined in Ransom v. M.N.R., [1967] C.T.C. 346, 67 D.T.C. 5235, at page 361 (D.T.C. 5244) as follows: An allowance is quite a different thing from reimbursement. ...

& P.E.I.R. 168, 211 A.P.R. 168 (P.E.I.C.A.) The principles were in our view best summarized by Lord Griffiths, speaking for the majority, in Ketteman v. ...

Statutory provisions The relevant statutory provisions are subsections 66(6) and (7), 87(1), (2) and (6) of the Income Tax Act: 66(6) Where a corporation (in this subsection referred to as the “ successor corporation") has, at any time after 1971, acquired by purchase or otherwise (including an acquisition as a result of an amalgamation described in subsection 87(1), from another corporation (in this subsection referred to as the "predecessor corporation") all or substantially all of the property of the predecessor corporation used by it in carrying on in Canada its business, there may be deducted by the successor corporation, in computing its income under this Part for a taxation year, the lesser of.... 66(7) Where a corporation (in this subsection referred to as the "second successor corporation") has, at any time after 1971, acquired by purchase or otherwise (including an acquisition as a result of an amalgamation described in subsection 87(1)), from another corporation (in this subsection referred to as the "first successor corporation") that was a successor corporation within the meaning of subsection (6), all or substantially all of the property of the first successor corporation used by it in carrying on in Canada its business, there may be deducted by the second successor corporation, in computing its income under this Part for a taxation year, the lesser of.... 87(1) In this section, an amalgamation means a merger of two or more corporations each of which was, immediately before the merger, a Canadian corporation (each of which corporations is referred to in this section as a“ predecessor corporation") to form one corporate entity (in this section referred to as the "new corporation") in such a manner that (a) all of the property of the predecessor corporations immediately before the merger becomes property of the new corporation by virtue of the merger, (b) all of the liabilities of the predecessor corporations immediately before the merger become liabilities of the new corporation by virtue of the merger, and (c) all of the shareholders (except any predecessor corporation) of the predecessor corporations immediately before the merger become shareholders of the new corporation by virtue of the merger, otherwise than as a result of the acquisition of property of one corporation by another corporation, pursuant to the purchase of such property by the other corporation or as a result of the distribution of such property to the other corporation upon the winding-up of the corporation. 87(2) Where there has been an amalgamation of two or more corporations after 1971 the following rules apply: (a) for the purposes of this Act, the corporate entity formed as a result of the amalgamation shall be deemed to be a new corporation the first taxation year of which shall be deemed to have commenced at the time of the amalgamation, and a taxation year of a predecessor corporation that would otherwise have ended after the amalgamation shall be deemed to have ended immediately before the amalgamation; 87(6) Where there has been an amalgamation of two or more corporations after 1971 and the new corporation is a principal-business corporation within the meaning assigned by subsection 66(15), there may be deducted by the new corporation in computing its income for a taxation year the aggregate of the following amounts in respect of expenses incurred by the predecessor corporations, namely, in respect of each individual predecessor corporation, the amount that is the lesser of... ...

Section 2.1 reads as follows: 2.1 Purchase and Sale of the Acquired assets Upon and subject to the terms and conditions hereof, GSWS shall sell, transfer, assign and deliver to the company, and the company shall purchase and acquire, at the closing (but with effect as of the effective date), all of the property and assets (other than excluded assets) of GSWS's major appliance operations (hereafter collectively called the “ cquired assets"). ...