Search - 水晶光电 行业地位 发展趋势

General Reversionary & Investments Co. Lid., 7 T.C. 358; Shove v. ... Cravens Railway Carriage & Wagon Co. Lid., 32 T.C. 359; C.I.R. v. ... Richard Mills & Co., Ltd: (1927), 13 T.C. 216; Mallet v. Stavely Coal & Iron Co., Ltd., 13 T.C. 772; Van Den Berghs Ltd. v. ...

"" (b) That, in the alternative, if the shares of the said Company were not reduced or redeemed as aforesaid within the meaning of subsection 1 of section 16 of the Income War Tax Act, which the Respondent does not admit but denies, in any case, as a result of the readjustment of the capital stock of the said Domestic Gas Appliances, Limited in accordance with the above mentioned Supplementary Letters Patent, the whole of the said undistributed income in the hands of the said Company at the date of such readjustment was capitalized and is therefore properly taxable in the hands of the shareholders of the said Company pursuant to section 15 of the Income War Tax Act. ff A copy of the Supplementary Letters Patent, and the audited statement of the corporation as of December 31st, 1937 (Exhibit 1), and the audited statement for the year ending December 31st, 1938 (Exhibit 2), were filed. ... The difficulty that arises is due to the word " " capitalize ‘ ‘ which is most inapt. ... What has to be asked and answered in this case is how could they be ‘capitalized’ in accordance with those Acts, without either leaving the holder of the new shares liable to pay them up with new money or sharing out, the profits to the allottees, whether in cash or in account, so that the share-out of the money should be used to pay up the shares. ’ ’ In my opinion a company may add undistributed income to capital so as to (a) issue shares to the extent to which it still has shares authorized but unissued or (b) inerease the authorized capital and issue new additional shares or increase the paid-up capital in each share thereby increasing the par value of each share. ...

The following facts relative to the issue to be decided are admitted: — (a) Heiland was incorporated under the Companies Act of the Province of Alberta on 1 June, 1954 and its fiscal period ended on 31 May in each year. ... Undated memo (working notes) in longhand, covering proposed purchase of some shares of Edeco Canada Ltd. and an option on others., '- “ / / Similar memorandum setting out: proportionate number of shares to be acquired by each of the applicants. ... The deputy attorney-general, through his counsel, submits that in the correspondence between the auditors, namely, Touche & Company, and the English clients, it is evident that there is an attempt to evade tax. ...

BETWEEN: ROY OTTO GERMAN, of the City of Calgary, in the Province of Alberta (Secretary) (hereinafter referred to as the ‘‘ Husband’’), OF THE FIRST PART, — and — MURIEL EVA GERMAN of the City of Calgary, in the Province of Alberta, Married Woman, (hereinafter referred to as the "Wife"’) OF THE SECOND PART. ... The reference in the agreement to the " " dower consent ’ ’ of the wife raises a question as to what it is and what are its purpose and effect. ... {Signature of Spouse.) ’ ’ By Section 6(1)(c), it is further required that the spouse acknowledge apart from the married person: "(c) that the spouse consents to the disposition for the purpose of giving up the life estate and other dower rights in the homestead given by The Dower Act, 1948, to the extent necessary to give effect to the said disposition; ‘ ‘ From the foregoing, it appears that the purpose of the consent is to give up (rather than to convey to anyone) the rights which the spouse has in the homestead by virtue of the provisions of the Dower Act. ...

Attached hereto is a Certificate executed by Electro- Technical Labs (Alberta) Ltd. dated July 15th, 1958 (Appendix “J”), certifying that the said Resolutions set forth in Appendixes ‘ * H ’ ’ and ‘ ‘ I ” are in full force and effect. 17. ... I also think that the facts of the present case are distinguishable from those in Scammel & Nephew Ltd. v. ... Therefore, the appellant herein could not grant a ‘ concession ”, ‘ franchise ’ ’ or “licence” to itself. ...

In 1959 — The production stage of mining progressed. — The development stage of mining also progressed. — Construction of the smelter buildings was completed. — Construction of the refinery was commenced. — Further construction of the townsite progressed. In 1960 — The production stage of mining progressed. — Both the mill and the smelter were in operation. — The refinery construction progressed. — The construction of the Townsite further progressed. In 1961 — The production stage of mining continued. — Development commenced in a new area of the mine. — The refinery commenced operation. — The construction of the Townsite further progressed. ...

The Special Commissioners held that in exercising these activities the appellant was for the time being carrying on a trade the profits of which were chargeable to income-tax. ‘* Held, that there was evidence on which the Special Commissioners could find the transaction to be in the nature of a trade, and that the fact of the profits being the income of a trade and belonging to the year of assessment was enough to make the profits ‘annual’ with Case VI of Schedule D, and the decision of the Special Commissioners must be affirmed.” ... Much stress was laid by appellant upon the fact that the word " " trade ‘ ‘ is especially defined in the English Act, and that had much to do in arriving at these results in England. ... Grainger & Son v. Gough (1896) 3 R.T.C. 462, at p. 472. The appellant has been assessed and taxed under the provisions of subsec. 3(a) of sec. 4 upon his share in the income of the partnership; but the section further provides that he shall be taxed in addition thereto upon ‘‘all other income’’ and this has been done by the present assessment appealed from. ...

Notwithstanding the words used in the aforesaid Act to designate them, the securities called ‘‘ ‘ preferred shares ’ ’ represent loans ‘ 1 sui generis ’ ’ and in no way correspond to the shares so designated and issued under the limited companies Acts. and seeks to have this appeal dismissed and the decision of the Appeal Board, delivered on June 22, 1951, upheld, all with costs. ... ’ ’ Answer: ‘ 6 That is right. ’ ’ “Q. Whereas the holder of a mortgage loan had the guarantee that the association’s assets were there to pay him? ... Section 20 says, ‘‘ A shareholder-producer shall have only one vote, whatever may be the number of his shares...’’ ...

Counsel for the respondent submits, however, that that amendment was a recognition by Parliament that ‘‘one person’’ was not equivalent to a ‘ ‘ a person ’ ’ and that therefore it was necessary to change the language to support the construction of the section now put forward by the appellant. ... consisted of one person and others in which ‘ 1 the original owner ’ ’ comprised two or more persons. ... For these reasons I have reached the conclusion that the intention of Parliament, as I conceive it to be, is better effectuated by giving to the words ‘‘une personne’’ in the French version, the meaning of ‘‘a person’’, rather than by construing the words 4 ‘ one person ’ ’ in the English version as one person only. ...

The Order (part of Ex. 7) recites in part:— " " Isabella Steed, who was also known as Bonnie I. ... The will provided: ‘ " All my property of whatsoever kind and wherever situated I give, devise and bequeath to the said J. ... It was not, therefore, until 1928 that the consent of the main pecuniary legatee having been obtained, the three minor pecuniary legatees were paid. ‘ ‘ " " On the 10th of August in that year, the legacy to the testator’s niece, Mattie Martindale, was paid in the sum of $3,247.85, representing principal of $2,500.00 and accrued interest. ...