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TCC (summary)
Canadian Imperial Bank of Commerce v. The Queen, 2018 TCC 109, rev'd 2021 FCA 10 -- summary under Paragraph (l)
. … Visa acts as a financial intermediary by facilitating the transfer of payments between issuers, acquirers and merchants. ...
TCC (summary)
Fortnum v. The Queen, 2018 TCC 126 (Informal Procedure) -- summary under Paragraph 118.5(1)(b)
. … She registered for the summer semester and paid a single fee. All courses were taken consecutively or “one after the other”, over a ten week semester. ...
TCC (summary)
2078970 Ontario Inc. v. The Queen, 2018 TCC 141, 2018 TCC 214 -- summary under Subsection 152(1.4)
Graham J accepted the submission of the applicants (the designated partners of the partnerships) in connection with a Rule 58 determination that the Minister could not issue a valid Notice of Determination if the Minister had concluded that the partnership in question did not exist – so that the Notices of Determination were invalid. ...
TCC (summary)
Devon Canada Corporation v. The Queen, 2018 TCC 170 -- summary under Eligible Capital Expenditure
(f) of the ECP definition for “the cost of … a right to acquire [a share]” did not apply given that “the word ‘cost’ contemplates an acquisition of an asset or other property” (para. 103), whereas “when a stock option is surrendered to the issuing corporation, the rights represented by that option [instead] are extinguished” (para. 122). ...
TCC (summary)
Devon Canada Corporation v. The Queen, 2018 TCC 170 -- summary under Disposition
(f) of the ECP definition for “the cost of … a right to acquire [a share]” did not apply given that “the word ‘cost’ contemplates an acquisition of an asset or other property” (para. 103), whereas “when a stock option is surrendered to the issuing corporation, the rights represented by that option [instead] are extinguished” (para. 122). ...
TCC (summary)
Loblaw Financial Holdings Inc. v. The Queen, 2018 TCC 182, rev'd on s. 95(1) - investment business - (a) (arm's length conduct) grounds 2020 FCA 79, in turn aff'd 2021 SCC 51 -- summary under Subsection 165(1.11)
In rejecting a Crown submission that the taxpayer was precluded from submitting that it was a s. 2(c) bank or used the equivalent of more than five full time employees, C Miller J stated (at para. 184) that the purpose of the s. 165(1.11) rule is that “the Minister knows the nature of the dispute and the quantum of tax at issue” (para. 184), that the Crown was requiring him to “look into the minutia of what is meant by a reasonable description of an issue” (para. 187), that the Crown “knew full well that there would be considerable evidence as to what GBL did … which encompasses activities that might constitute the provision of financial services (part of the Bank Act, subsection (2(c)) definition” (para. 190) and that “whether there was the equivalent of five full-time employees is subsumed into the employee issue generally” (para. 190). ...
TCC (summary)
Kwan v. The Queen, 2018 TCC 184 (Informal Procedure) -- summary under Child Care Expense
Such an interpretation would clearly undermine the intent of the Parliament …. ...
TCC (summary)
Boguski v. The Queen, 2018 TCC 236, aff'd 2021 FCA 118 -- summary under Subsection 174(3)
D’Arcy J previously had directed that certain of the appeals proceed under the Court’s lead case rules (in Rule 146.1) – there were two lead cases under the general procedure and 23 informal appeals were held in abeyance. ...
TCC (summary)
Poirier v. The Queen, 2019 TCC 8 -- summary under Subsection 262(1)
In this instance, it is clear that the “prescribed information” required to support the Rental Rebate application was not included with the New Housing Rebate application …. ...
TCC (summary)
Gladwin Realty Corporation v. The Queen, 2019 TCC 62, aff'd 2020 FCA 142 -- summary under Paragraph (a)
Hogan J confirmed CRA’s application of s. 245(2) to reduce the taxpayer’s CDA by ½ the amount of the s. 40(3.1) capital gain, thereby generating Part III tax unless an s. 184(3) election was made. ...