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

In the computation of income he claimed the following amounts as deductions and was disallowed the amounts hereafter indicated. 1975 1975 Amount Amount ITEM Claimed Disallowed Accounting $ 10.00 $ Advertising 55.13 Automobile 2,029.78 1,824.48 Business Tax, Licences, Fees 10.00 Office Expenses, Postage 44.79 44.79 Home Office 460.59 400.59 SUBTOTAL $2,610.29 $2,269.86 Less: Personal Use — Auto 811.91 811.91 TOTAL $1,798.38 $1,457.95 Amount Amount ITEM Claimed Disallowed Accounting, Legal, Collection $ 50.00 Advertising 545.75 $ 495.75 Automobile 3,052.31 2,833.06 Business Tax, Fees, Licences 10.00 Fire & Liability Insurance 10.02 10.02 Interest, Exchange, Bank Charges 655.89 655.89 Maintenance & Repairs 313.73 269.72 Office Expenses 15.99 Property Taxes 87.10 87.10 Telephone, Light, Heat 131.18 131.18 SUBTOTAL $4,871.97 $4,482.72 Less: Personal Use — Auto 1,220.92 1,220.92 TOTAL $3,651.05 $3,261.80 The appellant was a draftsman. ...

It was established by the appellant at the hearing of this appeal that the sum of $2,223.19 is made up as follows: Accrued interest to March 1, 1975 $ 197.32 Accrued dividends to March 1, 1975 429.21 Remainder of appellant’s contribution 81.15 Increase in value of shares 1,515.51 TOTAL $2,223.19 As stated above, the appellant is a long-time employee of Shell Canada Ltd. ... Accordingly, the appellant received a statement from the plan, dated September 30, 1975 which he annexed to his notice of appeal as “Attachment Ill” and which reads as follows: SHELL SAVINGS FUND STATEMENT OF WITHDRAWAL AS AT SEP 30/75 S J POWELL EMPLOYEE NUMBER 5940 DALMEAD ORES NW 113457 CALGARY, ALTA TBA 1 E6 SAVINGS PLAN Latest member balance $ 674.39 Interest Earned in current year 33.29 Total savings plan 707.68 SHELL STOCK PLAN 312 Shares issued @ 16.6250 $5187.00 Shares sold @ Total Shell stock plan 5187.00 TOTAL VALUE OF WITHDRAWAL 5894.60 CALCULATION OF TAXABLE BALANCE Total value of withdrawal as above $5894.68 Less net tax paid contributions: Cumulative member contributions $9175.00 Minus: Cumulative withdrawals 5503.51 Net tax paid amount 3671.49 Gross taxable balance 2223.19 Less transfers to: — RRSP F with — Additional Pension Plan Net Taxable balance $2223.19 DETAILS OF PAYMENT Transfers as above CR Federal tax @ 10% of net taxable balance 222.320R Provincial tax @ % of net taxable balance CR Value of 312 shares to be delivered 5187.000R AMOUNT OF CHEQUE NO J4528 ATTACHED $ 485.36 The appellant stated at the hearing that this represented the 40% of his accumulated contribution to date of discontinuance. ... Article XVIII reads as follows: ARTICLE XVIII — NON-ALIENATION OF RIGHTS Except as otherwise provided in the Regulations, no moneys or securities Standing to the credit of any Member under the provisions of the plan shall be capable in whole or in part of anticipation, alienation, surrender, sale, transfer, assignment, pledge, encumbrance, or charge, and any attempt so to anticipate, alienate, surrender, sell, transfer, assign, pledge, encumber, or charge the same shall be void; nor shall any such: moneys or securities be in any manner liable for or subject to the debts, contracts, liabilities, engagements, or torts of any Member. ...

On April 27, 1970 the assessor calculated the aggregate total value of the estate as follows: Declared Total Value $673,167.79 Add: Valuation changes per form ET85 attached 36,530.08 Revised Total Value $709,697.87 Less: General Debts as filed $ 9,101.91 Add: Accounting Fees prior to death 325.00 9.426.91 Revised Aggregate Net Value $700,270.96 Less exempt property — Section 7(1) 5,000.00 Revised Net Value 695,270.96 Less: Exemption for Spouse and Children Spouse — Section 7(1)(a) as per schedule 214,611.72 Children — Section 7(1)(c) 2 children over 26 years 20,000.00 234,611.72 REVISED AGGREGATE TAXABLE VALUE $460,659.24 CALCULATION OF ESTATE TAX Estate Sum Calculation — Section 8(2)(a)(i) $460,659.24 Estate Sum $460,659,24 Tax on Estate Sum $169,529.62 Gift Sum Calculation — Section 8(2)(b) 20,000.00 $20,000.00 Tax on Gift Sum nil Estate Tax Before Abatement and Credits $169,529.62 Less: Provincial Tax Abatement $84,764.81 Foreign Tax Credit 84,764.81 ESTATE TAX ASSESSED $ 84,764.81 DISTRIBUTION Aggregate Net Value $695,270.96 Less: PV Succession Duty applicable $55,967.83 Less: Estate Tax 84,764.82 140,732.64 $554,538.32 Widow — Insurances $ 5,599.64 Gift inter vivos 20,000.00 /2 Residue 189,012,11 $214,611.72 Gift Inter Vivos — Niece 6,000.00 Daughters (2) Gifts inter vivos $ 6,000.00 /2 Residue 189,012.10 195,012.10 Widow and Daughters Real Estate and Household goods 138,914.50 $554,538.32 CALCULATION OF SUCCESSION DUTY DEDUCTIBLE FROM RESIDUE Re assets payable to widow not exempt under Section 7(1)(a) or 7(1)(b) of Estate Tax Act. Gifts Inter Vivos $ 8,595.00 Interest in Income 127,993.09 $136,588.09 Tax @ 13.18% $ 18,002.31 Surtax @ 15% thereon 2,700.35 20,702.66 Propn, of Section 7(2a) exemption applicable 20,702.66 x 4,743.35 36,699.66 1,541.73 $ 19,160.93 Immediate payment $ 1,205.73 Payable by instalments (10 @ 1759.52) 17,955.20 $ 19,160.93 Present Value — Immediate payment $ 1,205.73 1,795.52 x 8.11090 14,563.28 $ 15,769.01 Re assets payable to daughters — Immediate payment 37,691.16 Re assets payable to niece — 2,507.66 Total deductible residue $ 55,967.83 It is the appellants’ contention that Mrs Devitt was entitled to the benefit of the exemption provided for in paragraphs 7(1)(a) and (b), while the respondent contends that she has no right to such exemption. ... Thurlow, J cited Lord Cottenham, LC in Lassence v Tierney (1849), 1 Mac & G 551; 41 ER 1379. ...

In his return of income for 1975 the appellant claimed a deduction of $1,926 under paragraph 8(1)(h) of the Income Tax Act, the claim being as follows: Board 27 weeks @ $20 $540 Meal 154 days @ $ 9 $1,386 On assessment the Minister allowed a deduction of $540 only, that is to say, he disallowed the appellant’s claim for meals. ...

Minister of National Revenue, [1972] CTC 2257, 72 DTC 1225 J O Weldon:—This appeal of the appellant Griffin Head Farms Limited (“Griffin”) initiated by Notice of Appeal dated April 2, 1971 with respect to its 1966 and 1968 taxation years, and those of Allied Vegetable Farms (Kingsville) Limited 71-238 (“Allied”), Edward Remark & Sons Limited 71-239 (“Edward Remark & Sons”) and Frank Remark & Son Limited 71-247 (“Frank Remark & Son”) initiated by Notices of Appeal all dated April 2, 1971 with respect to their 1966, 1967 and 1968 taxation years were heard together at Windsor, Ontario on September 22, 1971 under the Tax Appeal Board as it was then constituted. ... In the fall of 1964, Frank Remark and Edward Remark incorporated three more corporations: (a) Frank Remark and Son — to which corporation Griffin sold the Jasperson Farm accepting a promissory note as consideration; (b) Edward Remark & Sons — to which corporation Edward Remark and Frank Remark sold the farm property which they had Originally used in their partnership business Remark Orchards taking a promissory note as consideration therefor; (c) Allied — to which corporation Frank Remark and Edward Remark sold a number of greenhouses which they had originally used in their partnership business Remark Orchards accepting as consideration therefor a promissory note and the issued shares of Allied. 7. ... In that regard, Edward Remark testified as follows: Sometime before 1963 — I can’t recall exactly when, but my brother and I both agreed and approached Mr Riddell in Windsor. ...

His employer did not pay any of his expenses. 3.2 The appellant claimed various expenses for the years in question, part of which the respondent refused to allow, as set out in the following table: 1972 1973 1974 1975 Automobile expenses claimed $1,154.00 $1,564.00 $3,038.00 $2,925.00 refused 732.00 1,176.50 2,357.75 2,410.10 allowed $ 422.00 387.50 670.25 514.90 Entertainment expenses claimed $1,000.00 $4,700.00 $4,500.00 refused 800.00 4,400.00 4,200.00 allowed $ 200.00 $ 300.00 $ 300.00 3.3 There was also an expense of $2,595.80 for 1973 in connection with a restaurant owned by the appellant. ... During the years in question he made the following gross income from commissions and salary: Gross income Salary Salary 1972: $10,421.00 1973: $16,974.00 including $ 1,452.90 1974: $21,422.00 including $ 8,887.94 1975: $22,215.00 including $10,453.00 3.8 The appellant maintained that he used his car 10% for personal purposes and 90% for his work. ...

As the book value of the property was $7,925 the increase in value is $ 10,075 2. ... As the book value of the buildings was $33,249 the increase in value is $ 22,751 3. ... Calgary Valuation Section M D Skapple March 19/80 SCHEDULE “A” Crescent Bakery Ltd Calculation of Adjusted Net Book Value as at December 31, 1971 Shareholders’ Equity — May 31, 1972 $64,418 Ada: Land — Appraised Value $18,000 — Cost 7,925 10,075 Building — Appraised Value $56,000 — Net Book Value 33,249 22,751 $97,244 Less: CCA Recapture Building 25% of 15,003 3,750 Adjusted Net Book Value — December 31/71 $93,494 Calculation of Liquidation Value Adjusted Net Book Value — per above $93,494 Deduct: Realization Expense Real Estate Commission $4,700 Liquidation loss on inventory receivable, equipment and autos 2,500 Tax on Distribution 1971 UIOH (15% of 64414 + 15003 — 3750) 11,350 18,550 Estimated Liquidation Value — December 31, 1971 $74,944 SCHEDULE “B" Crescent Bakery Ltd Calculation of Maintainable After Tax Earnings 1972 1971 Profit Before Tax 8,838 14,744 Less: Interest Income 337 Sundry Income 141 Rental Income 13,000 Adjusted Income Before Tax 8,360 1,744 Average Profit (10104 + 2) $ 5,050 Tax @ 25% 1,262 Maintainable After Tax Profit $ 3,788 Calculation of Fair Market Value on a Capitalization of Earnings Basis Maintainable After Tax Earnings — $ 3,788 Apply Multiples of 6 & 7 Low High 6 X 3788 22,728 7 X 3788 26,516 Fair Market Value $25,000 Since the results in his report were based on original cost for machinery and equipment, and an agreed upon valued for land and buildings, in Mr Skappie’s view it was reasonably accurate. ...

No profit was in fact realized in the first five years of operation, as stated by the respondent in his reply to the notice of appeal The figures are not contested: 4 (f) The farming operation incurred the following farming losses: Year Income Income Expenses Loss Loss 1976 $2,360.00 $ 4,129.69 $ 1,769.69 1977 $2,350.00 $ 7,087.00 $ 4,737.02 1978 $3,760.01 $10,833.20 $ 7,073.19 1979 $1,741.83 $11,396.98 $ 9,655.15 1980 $2,782.55 $15,650.49 $12,867.94 The 1981 taxation year also showed a loss of some $9,000. ...

Antonio Gaspar t ($532.55) Santos \ ($532.54) ($1,065.09) Exhibit A-5 ANTONIO GASPAR OPERATING AS LAKEVIEW FRUIT MARKET BALANCE SHEET AS AT DECEMBER 31, 1972 Assets Current Bank Account—CIBC #69132 426.41 Prepaid Finance—Truck 206.03 Due from SANTOS 532.54 $ 1,164.98 Fixed Accumulated Cost Depreciation Land $19,552.45 — 19,552.45 Building 40,233.75 — 40,233.75 Truck (EE) 1,510.00 — 1,510.00 $61,296.20 $61,296.20 $62,461.18 Liabilities Current Bank Account—B of M—#1017-307 659.91 Note Payable—Truck (EE) 439.60 1,099.51 Long-Term Mortgage payable—Dundas property (DD) 39,452.94 Mortgage payable—Beaconsfield property (DD1) 19,917.45 59,370.39 60,469.90 Proprietor's Equity CAPITAL — Balance—Beginning of period 5,496.35 — Net loss for the period-_ (3,372.07) — Drawings for the period (133.00) 1,991.28 $62,461.18 (#2) ANTONIO GASPAR OPERATING AS LAKEVIEW. ... 800.00 $2,634.57 NET (LOSS) FROM OPERATIONS ($6,012.07) Rental Income 2,640.00 NET (LOSS) FOR THE PERIOD ($3,372.07) Exhibit R-8 Santos Schedule JOSE M SANTOS AND ANTONIO GASPAR Summary of Unreported Income from the SALES PER SALES JOURNAL $84,973.30 — Grape sales per Profit and Loss Statement— September 18 to October 28-72 82,264.10 — Sale of other fruits—Bananas—Unreported 2,709.20 ADD — Grape income for Sept 18 to October 28-72 Statement $ 7,832.68 — Cash sales of grapes and other income not included in sales of $84,973.20 per actual invoices—WP-2 10,056.79 — Sale of wine bottles per Aug 9—Sept 8/72 Statement 1,186.14 — Inventory of wine—Aug 9-Sept 8-72 Statement *$ 2,454.10 Deemed sold (485 bottles or barrels) be tween Sept 9-Sept 17 1972 since no inventory is noted on Sept 18-Oct 28 statement AND NOT INCLUDED IN SALES of $84,973.30 per 100% audit of invoices- entered in Sales Journal—Cost of inventory per WP is 3.50 per case (bottle or barrel). ... UNREPORTED INCOME $25,451.41 LESS Additional Expenses allowed per WP-1 3,278.42 TOTAL UNREPORTED INCOME $22,172.99 GASPAR 50% $11,086.49 SANTOS 50% $11,086.50 SCHEDULE (4) ANTONIO GASPAR INCOME EARNED IN 1972 FROM OCTOBER 29 TO DECEMBER 31, 1972 BANK DEPOSITS—CIBC 836 Dundas St & Euclid acct #69132 October 30 $ 3,758.55) 30 10,860.00) November 3 11,945.93) 6 4,611.83) 10 1,384.75) 15 625.00) T/P stated that money came from 27 615.75) business 3-9-75 conversation December 4 50.00) 4 919.25) 11 339.00) 14 224.20) 27 361.75) TOTAL DEPOSITS $35,696.01 Cost of inventory—Grapes—Oct 29-1972 per statement $ 6,975.20 Purchases — MacKay & Hughes Ltd— Cheques Nov 23 1972 $2,190.00 Nov 30 1972 2,320.00 — Specialty Fruit Co Ltd Cheque Nov 17 1972 90.00 4,600.00 Total available for sale $11,575.20 Less Dec 31, 1972 inventory NIL Cost of goods sold $11,575.20 GROSS PROFIT $24,120.81 DEDUCT—Additional expenses for 2 months WP SCH 6 1,063.18 $23,057.63 SCHEDULE (5) In reviewing this appeal, the Board is conscious of the fact that the fundamental responsibility for filing correct income tax information, and making available appropriate supporting documentation rests with the taxpayer, and many aspects of the evidence brought out put into serious question the extent to which Mr Gaspar fulfilled that role. ...

By notices of assessment dated May 3, 1977, the respondent disallowed the following expenses: In assessing the appellant for his 1973 taxation year the respondent disallowed the following expenses: (a) Mortgage Interest Claimed as Business Expense $2,805.38 (b) Bank Loan Interest Claimed as Business Expense $ 320.00 (c) Mortgage Fee $ 375.00 (d) Expenses for Office in Personal Residence $ 368.93 TOTAL $3,869.31 In assessing the appellant for his 1974 taxation year the respondent disallowed the following expenses: (a) Mortgage Interest Claimed as Business Deduction $3,691.21 (b) Bank Loan Interest Claimed as Business Expense $ 450.00 (c) Expenses for Office in Personal Residence $ 250.90 $4,392.11 and the Respondent also included the amount of $ 2,017.00 as income arising from an adventure in the nature of trade on the sale of a property known as 147 Merner Avenue, Kitchener. TOTAL $ 6,409,11 In assessing the appellant for his 1975 taxation year the respondent disallowed the following expenses: (a) Mortgage Interest Claimed as Business Deduction $3,626.75 (b) Bank Loan Interest Claimed as Business Expense $ 540.00 $ 4,166.75 and the Respondent also included the amount of $ 8,516.00 as the balance of a capital gain on the sale of a property known as 44 Walton Street, Kitchener. ...