Search - 江西农大 毛瑢

I must find against the appellant on the basis that the transaction referred to in the statement of facts constituted a sham, within the definition of that word in Snook v London & West Riding Investments, Ltd, (1967) 1 All ER 519, where Lord Diplock said at 528:... if it has any meaning in law, it means acts done or documents executed by the parties to the “sham” which are intended by them to give to third parties or to the court the appearance of creating between the parties legal rights and obligations different from the actual legal rights and obligations (if any) which the parties intend to create. ...

Land $48,000 Add Improvement value at depreciated cost $ 9,000 Overall value by Market Approach $57,000 Development Approach $40,750 Income Approach $47,000 The overall value by the Market Approach is $57,000, which is based on actual land Sales which occurred nearby. ...

In Dominion Natural Gas Company, Limited, expenses were incurred to defend an oil franchise; In Ward and Company, Limited (supra), a brewery incurred expenses in anti-prohibition propaganda; In British Insulated and Helsby Cables, Limited v Atherton, [1926] AC 205, the expenditures went toward a pension fund; In Sun Newspapers Limited v The Federal Commissioner of Taxation (1938), 61 CLR 337, monies were paid to prevent the publication of a competitive newspaper; In Morgan v Tate & Lyle Limited, [1955] AC 21, a sugar refinery incurred expenses in a propaganda campaign opposing nationalization; In John Fairfax and Sons Proprietary Limited v Federal Commissioner of Taxation (1958-1959), 101 CLR 30 monies were expended by a company to gain control of another company; In British Columbia Power Corporation Limited v MNR, [1966] CTC 451; 67 DTC 5258, the legal expenses were incurred to recover expropriated shares and to obtain adequate compensation; In Hallstroms Proprietary Limited v Federal Commissioner of Taxation (1946), 72 CLR 634 (H C Austr), legal costs were paid to oppose a petition made by a rival company relative to an extension of certain of its letters patent. ...

The Chairman could find out that in- formation”, (SN p 57, lines 13 & 14). ...

(c) Vernon W Yorgason paid the following amounts to Flora J Yorgason in 1974, 1975 and 1976: 1974 $ 8,834.45 1975 10,180.70 1976 8,367.51; (d) Vernon W Yorgason has sought to deduct the aforesaid amounts in the computation of his income for the 1974, 1975 and 1976 taxation years; (e) Flora J Yorgason initially reported the above amount as income for 1974 and then later asked the Minister to delete the same, which he did, and she failed to include any part of the amounts paid to her by Vernon W Yorgason in her income for the 1975 and 1976 taxation years. 4. ...

When the appellant and Musseau went into partnership it was under the name of W & M Company and business was carried on pursuant to a written partnership agreement. ...

It was pointed out that the 83 acres which he purchased of Lot 25 was not only in excess of what he wanted, but about 3 / times as large as Lot 20. ...

In support of such a position reference was made to several cases as follows: Southern v Borax Consolidated, Ltd, 23 TC 597; Algoma Central Railway v MNR, [1967] CTC 130; 67 DTC 5091; Toohey’s Ltd v Commissioner of Taxation (NSW), [1922] NSWSR 482; Kellogg Company of Canada Limited v MNR, [1942] CTC 51; 2 DTC 548; Hudson’s Bay Company v MNR, [1947] CTC 86; 3 DTC 968; Morgan v Tate & Lyle Ltd, 35 TC 406; Asamera Oil (Indonesia) Limited v Her Majesty the Queen, [1973] CTC 305; 73 DTC 5274; MNR v P P Drilling Ltd, [1976] CTC 58; 76 DTC 6028. ...

The Rosyth Building & Estates Co, Ltd v Rogers, 8 TC 11; 13. Mrs Anna H Martin v MNR (supra); 14. ...

He said simply “... a building of galvanized iron or corrugated iron”. ...