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FCA

Montreal Aluminium Processing Ltd. v. Attorney General of Canada, 92 DTC 6567, [1992] 2 CTC 358 (FCA)

., M & B Trading and Congregation Oir Hachaim set out in the statements required under (1); 3. The relationship which exists between Traitement d'Aluminium Montreal Inc. and Carroll Alloys and Metal Inc., Chicago, Illinois and M & B Trading, New York, New York as well as with their principal shareholders Nathan and Lea Muller, and Chaim Landau respectively; 4. The reasons in regards to payments from Carroll Alloys and Metals Inc. and M & B Trading to Traitement d’Aluminium Montreal Inc. ...
FCA

Giovanni Pompa v. Attorney General of Canada, [1995] 1 CTC 466, 94 DTC 6630

To this evidence must be added the facts of an appeal instituted by a certain André Côté from an assessment for the 1985 taxation year in which the Minister added $6,110 to his income, an amount which had been indicated on a T4 supplementary slip produced by Dunn & Benoît. ... In the two situations of Côté and Barbeau, the income of those appellants had been increased in the assessments based on the information indicated on the T4 slips provided by the shareholders of Dunn & Benoît, and the Minister conceded in the consents to judgment that that information was false. and went on, at pages 15 to 16: What happened to the amounts recorded on the T4 slips prepared by Benoît for the employees Côté and Barbeau and which were in addition to those admitted in the consents to judgment? ... A judge simply does not have any ex officio knowledge of what he learned in another case (see Sopinka, Lederman & Bryant, The Law of Evidence in Canada, Butterworths, Toronto, 1992, page 985) and he is failing greatly in his duty of neutrality if he makes use of such knowledge (see Ducharme, Précis de la preuve, 3d ed., Wilson and Lafleur, Montréal, 1986, page 17). ...
FCA

Taylor (V.) v. Canada, [1991] 1 CTC 304

In her income tax return for the 1985 taxation year the taxpayer claimed as a deduction in computing her taxable income a " non-capital loss of other years utilized in 1985" in an amount of $84,774, the effect of which was to reduce her federal tax payable to zero. ... Recognizing that the result contended for by the taxpayer is unusual” the learned trial judge nonetheless felt that it was proper because of the application of section 114. ... As the trial judge rightly pointed out a deduction under subsection 20(12) is relevant to the computation of income". ...
FCA

D.MNR for Customs and Excise v. Amoco Canada Petroleum Co. Ltd., 86 DTC 6008, [1986] 1 CTC 124 (FCA)

HI PART XIII 1. All the following: (a) machinery and apparatus sold to or imported by manufacturers or producers for use by them directly in (i) the manufacture or production of goods The Issue In essence, then, the only issue is whether the pipelines are used directly in the production of saleable components of natural gas liquid which components, it was agreed, are propane, iso-butane, normal butane and pentanes plus. ...
FCA

The Queen v. Goodwin Johnson (1960) Ltd., 86 DTC 6185, [1986] 1 CTC 448 (FCA)

He referred the matter back to the Minister for reassessment “on the basis that the adjusted cost base (V-day value) of 'proceeds of disposition contract settlement' is $830,000 rather than $280,425. ... It is, therefore, excluded by the definition, supra, test number 6. ... (dissenting): During its 1977 taxation year, the respondent received a sum of $830,000 from Naden Harbour Timber Ltd. in circumstances that are fully recounted in the reasons for judgment of my brother Urie. ...
FCA

The Queen v. Jaqer Homes Ltd., 88 DTC 6119, [1988] 1 CTC 215 (FCA)

., with whom Hudson, J. concurred, referred to three cases which did not turn on the language of the statutes there under consideration, and said: However, as to the other two contentions, there are three decisions that may usefully be referred to. The first of these is Robert Addie & Sons' Colleries Ltd. v. ... The shares would have been worthless, well, half of that value would have been what we received Q. ...
FCA

Rothmans of Pall Mall Canacla Limited and Imperial Tobacco Limited v. Minister of National Revenue and Deputy Minister Of, [1976] CTC 339

Macdonald proposed to introduce a cigarette called “More” and Benson & Hedges a cigareiie called “Plus”. ... Both Macdonald and Benson & Hedges approached the Department separately, without notice to each other or the other members of the industry. ... Some time around the end of June or the beginning of July, officials in the Department agreed to adopt the view urged by Macdonald and Benson & Hedges, and these companies were so advised. ...
FCA

Hodson v. The Queen, 88 DTC 6001, [1988] 1 CTC 2 (FCA)

The Interpretation of Section 60 of the Income Tax Act The appellant submits that the rationale for the exception provided by paragraph 60(b) which, in effect, allows income splitting between former spouses or separated persons, is to distribute the tax burden between them, thus allowing them greater financial resources than when living together which, in turn, provides partial compensation for the lost economics of maintaining a single household. [3] The appellant then proceeds to quote section 11 of the Interpretation Act which deems every enactment to be remedial and requires ”... a fair, large and liberal construction and interpretation as best ensures the attainment of its objects.” ... Applying that approach to the paragraph in question, I conclude that the words employed by Parliament in paragraph 60(b) must be interpreted ”... in their ordinary grammatical sense. ... The Queen, [1977] C.T.C. 358; 77 D.T.C. 5219 per Mahoney, J. 6 It should be remembered that subsection 9(1) of the Federal Court Act and subsection 8(1) of the Tax Court of Canada both require that the Judges of those respective Courts must, before entering upon the duties of that office ”... take an oath that he will duly and faithfully, and to the best of his skill and knowledge, execute the powers and trusts reposed in him as a judge...” of the Court to which he has been appointed. ...
FCA

Rose v. MNR, 73 DTC 5083, [1973] CTC 74 (FCA)

Reichmann & Son Limited and Webb & Knapp (Canada) Limited in connection with the acquisition of Flemingdon Park. ON MOTION duly made, seconded and unanimously carried, it was RESOLVED 1. ...
FCA

Backman v. R., 99 DTC 5602, [1999] 4 CTC 177 (FCA), aff'd 2001 DTC 5149 (SCC)

As stated in Lindley &. Banks on Partnership (17th ed., 1995), at p. 73: In determining the existence of a partnership... regard must be paid to the true contract and intention of the parties as appearing from the whole facts of the case. ... Bromberg, Professor of Law at Southern Methodist University and counsel to the firm of Jenkins & Gilchrist. ... I think the words at paragraph 2.05 of the 17th edition of Lindley & Banks must be read in this context. ...

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