Search - 屯门 安南都护府

The Reply to Notice of Appeal reads in part as follows: In the fiscal period of the company, from June 1st, 1963, to May 31st, 1964, Westland Housing Construction Ltd received the following charges and made the following payments to the appellants — Accounts rendered Invoices rendered $43,490.99 Salary 12 x $1,000.00 12,000.00 $55,490.99 Accounts paid Paid on invoices $28,355.93 Paid on salary 10,500,00 $38,855.93 Balance receivable May 31, 1964 $16,635.06 As indicated above, total charges against Westland amounted to $55,490.99 and collections to $38,855.93, leaving a balance of $16,- 635.06. ...

The Bell Hotel was purchased by the appellant, in effect, for $405,000 — a reduction of $10,000 on the original selling price of $415,000 having been subsequently granted to the appellant by the vendor for current repairs and maintenance of the building. ...

However, the prospect of profit is not the main question in issue but rather — what is the relationship of subparagraph 139(1)(ae)(i) to section 13 of the Income Tax Act? ...

In subsequent years, the appellant withdrew the following amounts from the registered pension plan to defray cost of trip or other expenses: 1974: $1,782 1975: $ 900 (Exhibit R-2) 1976: $1,485 3:5. ...

By assessment the respondent added income for those three years as follows: 1972 $1,837.66 1973 $8,046.39 1974 $ 888.84 3.4 All those incomes were in the nature of disallowance of travel expense, salaries expense, capital cost allowance, interest expense, repairs expense, legal expense, purchases expense, advertising expense and contract labour expense, etc. 3.9 Following the filing of notices of objection, reassessments were issued and the revised figures were as follows: 1972 $1,837.66 1973 $4,941.67 1974 ($1,604.72) 3.6 At the hearing the representative for the appellant underlined the difficulty of reversing the onus of proof which is on his shoulders because all the appellant’s books, records, bank notes, etc had been destroyed. ...

SUMMERLAND RESEARCH STATION AGRICULTURE CANADA, SUMMERLAND, BC ISSUED BY: NATIONAL RESEARCH COUNCIL DIVISION DIVISION CONSEIL NATIONAL DE RECHERCHES OTTAWA, K1A 0R6 OTHER INCOME (Box H) $7,249.99 INCOME TAX DEDUCTED (Box I) $1,362.50 PDF STIPEND — BOURSES DE RECHERCHES POST-DOCTORALES (NRC) The notice of appeal reads in part as follows: 1) I paid income tax on my “income" at the same rate as any other taxpayer and therefore I should have the right, as a taxpayer. to put money into a RRSP. 2) If my fellowship is not considered an “income" then I should have the “income tax" paid on those monies refunded. 3) When fellowships became subject to income tax in the late 1960’s it was, in my opinion, an oversight that fellowships did not become listed with the “earned incomes’’ of paragraph 146(1)(c) of the Income Tax Act. ...

The position of the respondent in the reply to notice of appeal was stated as: — In computing his income for the 1976 taxation year, the appellant claims as deduction, amounts expended by him for the support of the following persons: Family Tie Mother $ 650.00 Father 823.00 Mother-in-law 771.63 Father-in-law 720.75 Total $2,965.38 — During the said year, the above mentioned relatives were all resident in Argentina; —The appellant has not established that the said relatives were dependent upon him for support; —The said relatives were in receipt of income during the said year, and particularly of a pension form the Argentinian government; —The appellant has not established that the said relatives were dependent on him by reason of mental or physical infirmity; —The appellant failed to establish that the said amount of $2,965.38 claimed as a deduction in computing his income for his 1976 taxation year was expended by him for the support of the above-mentioned relatives; —The appellant failed to establish that the said relatives were during the said taxation year dependent upon him by reason of a mental or physical infirmity, pursuant to paragraph 109(1)(f). ...

However ‘‘an expenditure, for example, for the broiler farm would be reflected in the section of the general ledger for the broiler farm under the category of the expense” (page 74 of transcript, line 16). 3.12 Exhibits A-4 and A-5 show, among other things, the net income for the years 1973 and 1974 of the Brooder and the Broiler Farms: 1973 1974 1974 Brooder —Sales $277,951 $304,782 Gross profit 42,643 83,997 — Net income (loss) (19,361) 21,047 1973 1974 Broiler —Sales $575,297 $556,049 —Gross profit 86,975 107,704 — Net income (loss) (31,542) 739 3.13 After filing the 1972 income tax return on the accrual basis, the appelant amended it, electing to exclude inventories of poultry being raised on the Brooder Farm and the Broiler Farm as allowed by subsection 28(1) of the new Act. ...

Lomax v Peter Dixon & Son, Ltd (Supra) at page 363: I refer to these problems, not for the purpose of attempting to solve them, but in order to show that there can be no general rule that any sum which a lender receives over and above the amount which he lends ought to be treated as income. ... In the light of the above definitions, respondent’s counsel submitted that borrowing has to be done by the person paying the interest and, in the circumstances of the present appeal, the borrower was the limited company Clarence W Lewis & Son Limited, and not the appellant or his son who merely gave guarantees in respect of the amount borrowed by the company. ... Holder’s case was a decision on the words in section 36(1) of the Income Tax Act, 1918: *... the person by whom the interest is paid.’ ...

In about 1970, Sprung was an employee of Western Tent & Awning Company Limited (hereinafter referred to as “Western”), which company was controlled by his father. ... For purposes of identification, the components as listed are presently assembled into tents which are located or described as follows: Tisdale Motors, Kindersley 5,000 square feet Willow Park Community, Calgary 6,000 square feet Tucker & Assoc Fort St John 4,150 square feet Mount Royal College, Calgary 2,400 square feet Mid Canada Plastics, Melville, Saskatchewan 3,500 square feet 21,050 square feet (herein referred to as “units of equipment”) SPECIAL COVENANTS: In addition to the covenants set out herein, the Lessor and Lessee covenant and agree as follows. ... As Kerwin J, as he then was, pointed out in Montreal Light, Heat & Power Consolidated v MNR, applying the principle enunciated by Viscount Cave in British Insulated and Helsby Cables, Limited v Atherton, the usual test of whether an expenditure is one made on account of capital is, was it made “with a view of bringing into existence an advantage for the enduring benefit of the appellant’s business”. ...