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 a notice of reassessment dated September 9, 1974, the respondent added the total of both profits realized from the sale of the properties on rue Xavier-Giroux and rue Delage — $26,310.10 — to the appellant’s taxable income. ...

If the respondent is correct, the taxable capital gains would be (1) Mr Georges Bouthiette —$57,973; (2) Léon Tétrault & Fils Inc —$52,500. If the appellants are correct, the taxable capital gains would be (1) Mr Georges Bouthiette —$27,000; (2) Léon Tétrault & Fils Inc —$22,000. As will be seen, the appellants sold their pieces of land 15 /? months after Valuation Day and 22 months after the purchase. ...

The only witness called by the appellant was Paul J Martin, chief appraiser of John R Marsh & Co Limited, a firm of hotel brokers and appraisers. ... CHARACTERISTICS AND COMPONENT CAUSES OF GOODWILL IN BEVERAGE TAVERNS General Facts — Licence The licence is the primary or root cause in the development of goodwill. ... One of the witnesses called by the Minister was Mitchell A Smith, CA, of the firm of Laventhol & Horwath, management consultants. ...

The countries with which Canada has such agreements — at the present time are the following: the list of 14 countries named includes New Zealand. ... A 24-month period referred to above almost always will fall into three calendar years, as follows: Year No 1 (1968) — in which the teacher enters Canada; Year No 2 (1969) — throughout which the teacher probably will remain in Canada; Year No 3 (1970) — in which the teacher intends to leave Canada. ... Thus, in view of the very unusual and peculiar circumstances of this matter — and that comment is equally applicable to the appeal of Colyn P Walker v MNR (infra) which was heard by the Board directly after the present appeal on a substantially similar set of facts both of which appeals are to be disposed of on the same basis by agreement between counsel for the parties who are the same in both matters — the Minister should be regarded as being fully responsible for the above-mentioned overt act of his Deputy Minister in issuing in a formal manner an official interpretation — favourable to the present appellant — of said Article X in Information Bulletin No 41 for the benefit of “Professors and Teachers From Other Countries” and their employers in Canada. ...

This was with the goodwill, of course, of — well, they couldn’t do anything about it anyway — of the firm. ... Accounting, legal, collection $ 212.50 2. Advertising, promotion 897.69 3. ... Professional subscriptions & dues 321.75 TOTAL $7,022.43 Add: Capital cost allowance © Total expenses (deduct from “Gross Income”) 7,022.43 Excess of income over expenses $ 3,470.29 3.08 Other details were given concerning each item. ...

The share structure of Petex was therefore (Exhibit A-3): Issued Shareholder Class A — voting, non-participating 100 Sam Hashman Class B — voting, non-participating 50 Morris Kowall Class B — voting, non-participating 50 JB O’Connor Class C — non-voting, participating 50 Jemp Investments Ltd Class C — non-voting, participating 50 Trust Corp of Bahamas Ltd Class C — non-voting, participating 100 Sam Hashman Management Ltd 9. On December 3, 1962 Mr Morris Kowall sold 96% of his shares in Petex — 64% to Mr Paul Ferner and 32% to Mr Ed Sardachuck. ... As a result of the above transaction, the commissions that were then receivable were as follows: Morris Kowall $ 1,000 Ed Sardachuck 33,000 Paul Ferner 41,000 Cyril Joffe 12,500 Yale Joffe 12,500 11. ...

The shares were transferred to the buyers after the payment. 3.14 Mr Farries’ approximate figures of the retained earnings in the company at different times were as follows: November 1970 — Incorporation $ 15,000 December 1971 — Buy-Sell Agreement 20,000 September 1974 — Departure of Mr Greenwood 100,000 3.15 During the years 1974 and 1975, the individual appellants received from the appellant company the following amounts, as the T-4 slips issued by the company show: 1974 1975 J K Farries $27,668.96 $93,192.11 R B Macpherson 26,570.47 81,989.09 F Fedor 24,284.43 $76,461.16 4. Law — Cases at Law — Analysis 4.01 Law The main provisions of the Income Tax Act involved in the present case are 3, 5, 6 and 15. ... The fact that each one would own 75 shares (225 of Greenwood + 3) or more would not change the right to the approximate one third (375/1,000; 300/1,000 and 325/1,000) of the remaining retained earnings. ...

Soil Problems — Periodic climate drought aggravated by run-off where knolls are sharp. ... Soil Capability Rating — Class 4S indicating low moisture holding capacity and salinity. Crop Insurance Rating — J indicating a fairly high risk factor for Crop Insurance purposes. ...

That was not the case according to counsel since the Income Tax Act provided relief to a taxpayer for capital — either personal or borrowed — which was injected into a business, because the capital so injected was used to acquire assets, either inventory as a direct expense, or fixed assets which were depreciable; or to pay for business expenses — and any losses resulting from such operations were appropriately deductible from income. ...

Conclusion concerning the Taxes Payable in accordance with previous decisions, therefore, the Board rules that the difference of $43,841.61 assessed by the respondent, between the balance sheets of December 31, 1958 and December 31, 1971, should be reduced by $9,200, to take the following items into account: Office furniture and fittings $ 200 Accounts receivable $4,000 Inventory $3,000 Rolling stock $2,000 Total $9,200 The balance of $34,641.61 must therefore be divided between the years 1959 to 1971, giving a figure of $2,664.73 a year. ... The figure of $8,674.75 representing the undeclared income for the period 1966 to 1971 has been arrived at by the following calculation: Balance sheet to December 31, 1971 $53,556.23 Balance sheet to December 31, 1965 $25,602.85 Increase $27,903.38 Plus — personal expenses $22,372.51 federal tax $ 2,923.26 provincial tax $ 2,890.87 capital loss $ 60.00 $28,246.54 $56,149.92 Minus bequests and gifts (9,539.08) income for the period 1966 to 1971 $46,610.84 Minus declared income 37,936.11 $ 8,674.75 The Board therefore vacates the notices of reassessment for the years 1966 and 1967, including of course the penalties of 25% and 5%. ... Conclusion The Board allows in part the petition of the appellant and refers the matter back to the respondent for reassessment, to take into account the following points: — additional income of $2,664.73 is added for each of the years 1959 to 1965 and 1968 to 1971; — penalties of 25% are imposed for the years 1959 to 1965: — the notices of reassessment issued for the years 1966 and 1967, together with the penalties pertaining to them, are vacated: — the penalties of 25% for the years 1968 to 1971 are vacated: — the penalty of 5% for the years 1959 to 1965 and 1968 to 1971 is upheld. ...