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 support of the appeals this appellant submitted the following: Exhibit A-1 — a photograph of the subject property; A-2 — a photograph of Inland Cement Co property adjoining subject property; A-3 — a copy of a report by the Department of the Environment, Government of Alberta, Division of Pollution Control, for Check Realty Ltd dated May 6, 1971; A-4 — a copy of an agreement between Shell Canada Limited and Arthur E Kruger, made May 27, 1968; A-5 — a copy of an agreement between Art E Kruger, Donn Larsen and Elmer Duane Bassani, Pantel Holdings Ltd and London Properties Ltd of the First Part, and North American Road Ltd of the Second Part, made March 1, 1973. ... The dustfall levels detected were as follows: October 1970 — 85.4 tons/sq. mile/30 days November 1970 — 11.5 tons/sq. mile/30 days December 1970 — 26.4 tons/sq. mile/30 days January 1971 — 13.9 tons/sq. mile/30 days February 1971 — 36.5 tons/sq. mile/30 days March 1971 — 16.5 tons/sq. mile/30 days With the exception of the October 1970 level the dustfall levels were within the “Ambient Air Quality Standards” for the Province of Alberta. ... The appellant submitted the following exhibits: Exhibit A-7 — a photograph of the area surrounding the subject property; A-8 — a second photograph of the area surrounding the Subject property; A-9 — a copy of a document showing title to subject land, registered with the Land Titles Office in Edmonton, July 3, 1968. ...

The redemption created a gain of $213,324.53 ($311,745.86 + $16,000 — $114,421.33), taxed in equal proportions to the appellants. ... A-5—The balance sheet of said financial statements reads as follows: GATEWAY PAPERS LIMITED (Incorporated as a private company under the laws of Manitoba) BALANCE SHEET—DECEMBER 31, 1969 (unaudited) ASSETS CURRENT ASSETS Cash $ 23,817 Accounts receivable 96,233 Inventory, at the lower of cost and net realizable value 38,218 Prepaid expenses 3,187 $161,455 FIXED ASSETS, at cost Automotive equipment 225,876 Office and warehouse equipment 19,159 Leasehold improvements 4,029-,. 249,064 Less accumulated depreciation 156,818 92,246 DEFERRED FINANCE CHARGES 2,333... $256,034 LIABILITIES CURRENT LIABILITIES Accounts payable and accrued liabilities $ 61,626 Taxes payable 9,842 The Canada Trust Company Advances $250,000 Accrued interest 61,746 311,746 Principal due within one year on long-term debt 19,073 402,287 LONG-TERM DEBT Finance contracts 22,163. ... That gain realized, however, should be allocated in the following amounts, the adjustments relating only to the taxation years:__ Victor Spencer Mary Spencer Prior to 1971 $ 15,900.00 $ 7,950.00 $ 7,950.00 1971 48,973.90 24,486.95 24,486.95 1972 53,000.00 26,500.00 26,500.00 1973 95,450.64 47,725.32 47,725.32 $213,324.54 $106,662.27 $106,662.27 Decision The appeals are allowed in part to permit the amount of $24,486.95 rather than $32,436.95 to be added to the taxable income of each of the appellants for the year 1971, and this is referred back to the respondent for reassessment. ...

That amount was regarded by the respondent as that portion of the income of an accounting firm known as Laventhol Krekstein Horwath & Horwath (hereinafter called LKH & H) for the fiscal period from January 29, 1972, to January 5,1973, which was allocated to the appellant by agreement of the partners of the LKH & H firm. ... The appellant’s evidence was that when he left LKH & H he entered into an agreement with the firm, later reduced to writing (Exhibit A-1). ... I observe that upon the apellant’s entry and departure from the LKH & H partnership goodwill was not recognized. ...

. $190,000 X 1.159 acres — $220,210 $ 3,300 « 69 units. ■= $227,700 I consider that the value indicated by the per unit rate is most applicable in the subject case. ...

Regarding the difference between our agreed rent and the mortgage payment, which I am paying direct — rather than sending it to you and then you sending it back to Royal — I will settle that up in the future hopefully. ... I don’t have all of the receipts but will keep all future ones — that’s for sure. ... I told her that I thought that you wouldn’t want to rent to just anybody — after all, you bought the place as an investment, and if the tenant (new — that is) wasn’t a good one — you might lose money in future repairs and so on. ...

The respondent contended: — The appellant was not in the business of money lending. — The appellant was credited with a shareholder’s advance in the amount of $101,050.00 by “Weisfeld Ltd Ltd” in prior to the Appellant’s 1977 taxation year. — “Weisfeld Ltd” became unable to repay the amount of $101,050.00 in the appellant’s 1977 taxation year. — The appellant suffered a net capital loss in the amount of $50,525.00 with respect to the amount of $101,050.00. ... The loan of $101,000 was provided as working capital — nothing more and nothing less — during the years 1973 and 1974, not during the year under appeal — 1977. ... The loan was a separate and distinct transaction — it had all the characteristics of just that (a loan) — quite distinctly different than that portrayed in Freud (supra), and it was an investment on capital account, not a trading operation on income account. ...

I don’t remember the intent to form an operating company. 3.23 The respondent, on June 10, 1977, issued notices of reassessment for the taxation years 1973 and 1974 increasing the net income as follows, as it appears on form T7WC annexed to the notices: 1973 1974 1974 Previous net income $ 1,540 $ 9,277.70 Commissions and fees purportedly earned by Vacatia Limited $146,965.72 $ 7,313 Minus commissions expense related thereto, not previously claimed $ 29,811.25 ($488) TOTAL $117,154,47 $ 6,825 Plus: interest income purportedly earned by Vacatia Limited $ 2,451 $3,782 Plus: Value of Red Island transferred to wife of principal shareholder $ 9,000 Minus increase in allowable CCA schedule attached ($3,799: Revised net income $130,145.47 $16,085.70 Revised taxable income $130,145.47 $16,085.70 3.24 On September 6, 1977, the appellant filed a notice of objection. ... It was on March 6, 1978, that changes appeared as follows on form T7WC annexed to the notices: 1973 1974 Previous net income $130,145.47 $16,085.70 To transfer previous adjustment re Whitehead from 1973 to 1974 fiscal period $ 27,750 $27,750 fee purportedly earned by Vacatia ($ 9,011.25) $ 9,011.25) less: related commission expense $ 18,738.75 $18,738.75 To reduce the fair market value of Red Island from $9,000 to $2,500 $ 6,500 TOTAL $ 25,238.75 $34,824.45 Revised net income $104,906.72 $34,824.45 Revised taxable income $104,906.72 $34,824.45 4. ... Alberta & Southern Gas Co Ltd v Her Majesty the Queen, [1976] CTC 639; 76 DTC 6362; [1977] CTC 388; 77 DTC 5244; 6. ...

Mr J G Gaudaur sought and obtained an opinion from Mr G D Finlayson of the firm McCarthy & McCarthy, solicitors, which reads as follows: (Exhibit R-14) McCarthy & McCarthy Barristers Solicitors Patent & Trade Mark Agents September 25, 1974 J. ... Who would be responsible for paying Gottlieb & Company under the contracts? ... The services rendered by Gottlieb & Company to the appellants are also quite nebulous. ...

New & Co was incorporated to serve as a personal family corporation and its shareholders consisted solely of members of the New family. 8 The shareholders in Coastal Towing in the period from 1968 to 1970 were Andy's Bay, E Baxter, Coast Ferries, Mr A G Garrish, W K Morrison (now Sim), Mrs E V New, O H New, New & Co, E J Riordan and W A New (Exhibit A-1). 9 At the end of 1969 Oswald H New owned more than 50% of the voting shares in New & Co; New & Co owned more than 50% of the voting shares in Coastal Towing, and Coastal Towing owned more than 50% of the voting shares in Andy's Bay. 10 On April 6, 1970 New & Co sold 100,000 common shares of Coastal Towing to Andy's Bay for the sum of $150,000 on the basis of $75,000 in cash with the balance of $75,000 to be paid as and when funds became available over the next 10 years. ... After prior discussion with Oswald New with reference to the repayment of his personal loan and that of New & Co to Coastal Towing within the time prescribed by law, but without any specific direction as to how the loans were to be repaid, Mr Garrish, in the absence of Oswald New, and on the basis that Andy's Bay owed New & Co a balance of $75,000 arising from the purchase of 100,000 common shares, transferred an amount of $25,000 on September 22, 1970 from New & Co's receivables to Coastal Towing and assigned this receivable to liquidate the liability of New & Co in the amount of $21,496.13 and Oswald New's personal liability of some $3,500 to Coastal Towing (Exhibits A-11 and A-12). ... However, the balance sheet of New & Co for 1970 (Exhibit A-13) shows that Andy's Bay owed New & Co a balance of $50,000, $25,000 less than the original balance receivable in payment for the Coastal Towing shares. ...

For 1975 the respondent decreased reported income from the appellant’s office as president of a company called A & B Rail Contractors Ltd (hereinafter called “A & B” or “the Company”). ... At all relevant times the appellant was president and holder of 51 % of the issued shares of A & B. ... The bookkeeping was explained by Donald Stuart Fraser, the accountant for the appellant and A & B. ...