Search - 司法拍卖网 人民法院

The trial judge's approach "led him to fail to give effect to the statutory phrase 'in any manner whatever,'" and "[was] not consistent with Merritt, Smythe, or RMM " (para. 28). ...

Canada, 2009 DTC 5828, 2009 FCA 111-- summary under Subsection 40(1) Summary Under Tax Topics- Income Tax Act- Section 40- Subsection 40(1) The taxpayer would have established that he realized a capital loss if he had established the following: a fellow shareholder ("Paulhus") of the corporation in question had paid a sum of money to the holders of defaulted mortgage debt of the corporation pursuant to a settlement agreement that also contemplated that the taxpayer would transfer to Paulhus all of his shares of another corporation ("Placid") in order to pay to Paulhus his share of the settlement payment; the taxpayer satisfied this payment obligation to Paulhus; as a consequence of the law of subrogation, Paulhus acquired the mortgage debt; and by transferring his shares of Placid to Paulhus, the taxpayer acquired ½ of the indebtedness formerly owing to the mortgage holders that Paulhus had acquired from the mortgage holders. ...

The taxpayers' argument was contradicted by the "authoritative obiter " in S.T.B. that s. 245(7) applied to third parties only. ...

Accordingly, the requirement that the company have been a Canadian-controlled private corporation " throughout the year" was not met. ...

He further stated (at para. 59): [T]he Federal Court may quash unreasonable exercises of discretion by the Minister – i.e., exercises of discretion that fall outside the range of the acceptable and defensible on the facts and the law: Dunsmuir v. ...

I am not satisfied that the 1975 Regulation can be so construed — it did not alter the primary definition of “gross receipts” in the Act, but merely clarified the method by which a subsidiary, discretionary amount was to be assessed. ...

Cattanach J. then stated (at p. 5389): "... It is important to bear in mind that limited companies that carry on businesses are separate taxable persons.... ...

In finding that foreign exchange gains or losses were realized by the taxpayer on capital account, Hill J. stated (p. 4954): "... ...

Mogan TCJ. stated (p. 1899) that: "... when the initial Canadian payor knows that he is paying an agent resident in Canada acting on behalf of a non-resident principal... the initial Canadian payor and the agent are jointly liable under subsections (1), (3) and (6) of section 215. ...

Mogan TCJ. stated (p. 1899) that: "... when the initial Canadian payor knows that he is paying an agent resident in Canada acting on behalf of a non-resident principal... the initial Canadian payor and the agent are jointly liable under subsections (1), (3) and (6) of section 215. ...