Search - 司法拍卖网 人民法院

Here the deduction could only be made if circumstances brought the taxpayer within the wording of the relevant legislation, — in this case subparagraph 1 l(l)(c)(i).f [2] the following amounts as are wholly applicable to that source or such part of the following amounts as may reasonably be regarded as applicable thereto: (c)... ... To use the words of Sweet, DJ: “If and when the request is made...” or as in the case at bar a profit is made “... it would merely be indicative of the time the borrower’s already existing liability for interest is to be discharged by payment.” ...

The sale of the apartment involved a “wrap around” mortgage wherein Dunn Holdings Ltd remained liable for its share of the first mortgage payable to a Third Party (Citizen Federal Savings & Loan Association) hereinafter referred to as (“Citizens Savings”) and received from the purchaser an ‘‘all inclusive note and deed of trust”. 3. ... (b) Receivable from purchaser $ 1,336,945f. [2] (c) Cash received $364,079. ...

To reach such a conclusion (automatic benefit) in this matter would require the acceptance of the fact that there was no purpose at all in the “fishing trip”, other than for the pleasure of the shareholders — axiomatically therefore no business purpose whatsoever. ... Since there is no doubt in my mind that some part of the trip was a benefit to the shareholders — a personal advantage, the assessment must also be upheld as it pertains to the individual shareholders. ...

The financial statements show this regarding the various divisions of Niagara’s business undertaking with respect to the value of gross transactions during fiscal 1978 and the fiscal periods mentioned: The The The The Rental Hardware Motel Laundry Properties Store Store Construction 1978 72,287 409,183 96,112 313,261 338,319 1979 76,349 437,830 90,153 258,896 398,962 1980 3,141 483,276 90,102 230,010 450,364 1981 (Sold 570,847 111,809 196,473 630,152 18 May 1979) Further, they show this regarding net earnings (loss) for fiscal 1978 and the fiscal periods mentioned: 1978 8,108 100,567 1,969 (36,613) (29,364) 1979 10,010 91,925 (4,412)* (30,216) 22,3307 [1] 1980 (2,257) 78,511 2,997* (5,182) (20,332) 1981 — 145,684 (29,798)* (32,822) 34,655 They also show that these amounts were paid under the heading of wages in relation to the various divisions of Niagara during fiscal 1978 and the fiscal periods mentioned: The The The The Rental Hardware Motel Laundry Properties Store Store Construction 1978 11,501 140,113 8,000 50,163 90,054 1979 12,409 153,886 8,312 42,626 89,056 1980 1,095 166,840 1,568 37,636 70,994 1981 — 178,882 3,630 36,775 102,763 The phrase “principal business” in the context of subsection 1100(12) is not capable of precise and succinct definition. ...

.: — The Appellant, in her Notice of Appeal, wherein she appealed her assessments of income tax for the years 1991, 1992 and 1993, elected the informal procedure. ... This the Minister is entitled to do but having done so it follows that the onus of establishing those further and different facts assumed by him in the statement of defence falls on the Minister by reason of the decision in the Brewster case (supra). 4 * Johnston v. ...

.: — The Appellant appeals from the determination of loss made by the Minister of National Revenue (the “Minister”) with respect to its taxation year ending September 29, 1983 whereby the Minister denied the Appellant the right to deduct its share of road construction costs totalling $5,746,359, which share the Appellant included in the calculation of its Canadian exploration expense (“CEE”). ... If you look down in the southwest corner, you can see that there is from time to time paralleling the solid line- the new road — a broken line. ...

.: — This is an appeal from an assessment of income tax for the Appellant’s 1989 taxation year. ... The point is that the Appellant took title and swore the statutory declaration following the receipt of advice from a lawyer who, at least now, is of the view that a bare trustee might be "... a person referred to in section 105 of the Landlord and Tenant Act’. ...

.: — These appeals from assessments for 1988 and 1989 involve a question of the deductibility of $3,688.52 and $27,915.46 in interest on a loan of $300,000.00. ... The borrowing, the distribution of money to one partner, the repayment of the amount by the partner to replenish his momentarily depleted share of the capital account and the purchase of a house — all were conterminous and interdependent. ...

Minister of National Revenue^ [11] as follows: … The text writers give us some insight as to why there was a change in dealing with active business income and investment income, and how this came about. ... It was something that we thought would be a valuable asset which would at that point have cost us nothing. ^ [16] His testimony was not contradicted or questioned in any material aspect. ...

The relevant portion of paragraph 20(1)(/) reads as follow: (1) Notwithstanding paragraphs 18(1)(a), (6) and (/i), in computing a taxpayer’s income for a taxation year from a business or property, there may be deducted such of the following amounts as are wholly applicable to that source or such part of the following amounts as may reasonably be regarded as applicable thereto: (/) a reserve determined as the total of (i) a reasonable amount in respect of doubtful debts that have been included in computing the income of the taxpayer for that year or a preceding year, and (ii) an amount in respect of doubtful loans or lending assets of a taxpayer who was an insurer or whose ordinary business included the lending of money, made or acquired by the taxpayer in the ordinary course of the taxpayer’s business of insurance or the lending of money, equal to the total of In order to deduct a reserve for doubtful debts, the appellant must show on a balance of probabilities that the debts in issue arose from loans made in the ordinary course of a business operated by her and that part of her ordinary business includes the lending of money. ... Tara Exploration & Development Co. (1970), 70 D.T.C. 6370 (Can. Ex. ...