Search - 江西农大 毛瑢

The facts in this case are as follows: Honoré and René Hawey, two brothers (hereinafter called “Honoré” and “René”), each held an equal number of common shares of the stock of Cantin & Fils Limitée (“Cantin”) and of Immeubles RE-HO Inc (“Re-Ho”). 1. ...

(e) In the event of the death of all the children of the settlor (born prior to the 31st day of December, 1964) before any of them attain the age of twenty-one (21) years and none of such deceased children of the Settlor are survived by a child or children who attain the age of twenty-one (21) vears, then the trust fund shall be paid, transferred and delivered to DINA HASHMAN (wife of the Settlor); PROVIDED THAT if she be not then living then the trust fund shall be paid, transferred and delivered to ISAAC HASHMAN. brother of the Settlor, and EDITH SUGARMAN, sister of the Settior, in equal shares and if either of the said Isaac Hashman or Edith Sugarman be not then living, then the trust fund then remaining shall be paid to the survivor thereof and if the survivor thereof be then deceased to the children then living of both the said Isaac Hashman and of the said Edith Sugarman — the trust fund to be distributed to all such children in equal shares. ...

By six similar Notices of Reassessment dated September 17, 1970 the Minister reassessed the appellant under section 56 of the Income Tax Act for penalties as follows: Taxation Year Penalty reassessed 1962 $ 650.74 1963 3,021.13 1964 852.93 1965 2,013.80 1966 3,093.23 1967 1,972.45 Total: $11,604.28 There are two questions in issue in this appeal, the first being: can subsection 239(3) of the amended Income Tax Act be construed as applicable to the taxation years prior to 1972? ...

The evidence also disclosed that there were no records or blotters of over- the-counter transactions; that it was impossible to give a quotation and that the quotation given by Mr Lemoine was not from his own knowledge but from third-party information, being the fruit of their memory because there were no records kept. 9 Counsel for the respondent stated that the only evidence adduced to substantiate the value of $10 a share was a letter sent to the appellant's counsel and written by Nicholas Lemoine who spoke to a dealer of Wood Gundy Limited, who had spoken to a dealer at Kippen & Company Inc. ...

The appellant’s husband, on arrival in Calgary, became an employee of P J Toole & Cote Real Estate Company and worked there for a period of three years. ...

. +. The Control Test: This test, which in certain circumstances is still applicable, has been found by the courts to be too inflexible in determining the issue; particularly in respect of professionals, highly trained and skilled tradesmen. ...

Some further enlightenment on the general principles related to the differentiation between “capital” and “current” expenditure, for income tax purposes, may be found in a judgment of the Federal Court, Trial Division, Her Majesty the Queen v Baine, Johnstone & Company Limited, [1977] CTC 556; 77 DTC 5394. ...

The balance of the purchase price, $81,200, was to be secured by mortgage and was payable in three annual instalments of $27,066.67 each with interest at eight %. ...

In the course of 1975 the appellant paid, with respect to the duplex, the following amounts in keeping with the said paragraph 3: Mortgage $2,148.00 Taxes 655.99 Water & Sewer 151.50 Cablevision 59.40. $3,014.89 For one-half of the duplex the amount would be $1,507.45. ...

In 1973, if not earlier, the appellant became the sole shareholder, director and main officer (his wife as secretary-treasurer was the only other officer) of Frank Taggart & Sons Limited (hereinafter called “the company”) having, before that date, purchased the interest of his brother in that company. ...