Search - 江西农大 毛瑢

I hesitate to give the word "‘ordinarily’’ any more precise interpretation than ‘in the customary course of events” and anyhow I cannot think that the element of time so predominates in its meaning that, unless the appellant resided in the United Kingdom for at least six months and a day she could not be said " " ordinarily ” to reside there in the year in question.” ... " Ordinarily resident’ also seems to me to have no such technical or special meaning. ... In my view, the words " " during such year’’ in section 9(a) mean merely ‘‘in the course of, or in such year’’. ...

There is no definition of ‘ ‘ prepared roofings’’ in the Excise Tax Act nor in the Schedule under the heading of ‘‘Certain building materials’’. ... Planters Nut & Chocolate Co. Ltd., [1952] Ex. C.R. 91; [1951] C.T.C. 366, and The Queen v. ... The defendant’s expert witness considered that coverings over balconies, patios, verandahs and buildings were roofs and that Kool Vent products installed on these roofs were ‘‘ prepared roofing ’ \ In support of the plaintiff’s contention that the goods known as “Kool Vent Awnings, Canopies, Marquees and Umbrellas’’ were not “prepared roofings’’ three expert witnesses were heard. ...

The amounts involved were as follows: May 31, 1957 — $ 4,000 1958 — $ 4,400 1959 — $ 17,232 1960 — $ 13,250 In the same years the aggregate dividends paid to all shareholders by the little companies were approximately 1957 — $ 85,370 1958 — $181,555 1959 — $282,066 1960 — $198,860 following which they were unable to continue their regular 8% dividend payments due to the development of a depressed rental market (Agreed Statement of Facts, paragraphs 34 to 36). ... As an employee he would be receiving an income which could be used as an argument that this was his chief occupation for purposes of income tax ‘ leaving any gains from stock transactions in the best position to argue as of a capital nature’’. ... He had a 25 % interest in Pacifie Coast Securities but had nothing to do with the management of it when it bought a share interest in Bata Petroleums of which one of his later associates, Frank 8. ...

This amount was apportioned among the members of the group in the following percentages and amounts: Brookview Investments Limited- 3314 — $30,848.67 Leon E. Weinstein 138% 12,839.46 13⅕- Wilson Brothers. 134%, 12,339.46 13⅕- Posluns Brothers — 13% 12,339.46 13⅕- Ellendale Investments Limited 131/3 12,339.46 13⅕- Lewis, Marrus & Finkler 131/3 12,110.25 13⅕- TOTAL 100% — $92,316.76 The transaction with respect to the land was considered subsequently by the group as likely to be unsuccessful. ... ’ ’ Applying the foregoing test to the facts in the present appeals as outlined herein, I have no hesitation in finding that the undivided 60 per cent interest in the lands in question was purchased for sale in the course of ‘‘an operation of business in carrying out a scheme of profit making”. ...

By it, the appellant’s appeals were allowed in part to reflect a revision of the net income of the partnership as follows: Net Income Assessed Revised Net Income 1950 $ 8,165.00 $ 8,810.94 1951 6,313.80 5,464.39 1952 15,048.41 14,266.12 The appellant thereupon appealed to this Court, and the Minister cross-appealed, though the cross-appeal was abandoned at the opening of the trial. ... For that purpose he might bring evidence before the Court notwithstanding that it had not been placed before the assessor or the Minister, but the onus was his to demolish the basic fact on which the taxation rested. ♦ * # The allegations necessary to the appeal depend upon the construction of the statute and its application to the facts and the pleadings are to facilitate the determination of the issues. ... Claimed Disallowed Insurance..- $ 30.00 $ 30.00 Repairs & Maintenance $159.91" Auto $126.00 650.91 486.89 Truck 265.00 391.00 Operating expenses of farm machinery (except repairs) 1,011.11 283.90 $800.79 The officer admitted, however, that he had vouchers which the Minister would allow under the item headed ‘‘Operating Expenses” amounting to $1,209.79 and $28.15 in excess of what had been claimed in respect of small tools. ...

Laurent, Droit Civil Français, Vol. 26, p. 152; “... Il est incontestable que la participation aux bénéfices éventuels d’une entreprise est de l’essence de la société, et que sans cette participation il n’y a pas de société possible. ... Bau: ‘ Le contrat de société exige comme conditions essentielles de sa formation l’intention des parties de s’associer, une chose mise en commun, et la participation aux bénéfices et aux pertes de l’entreprise. ’ ’ ’ Furthermore, in endeavouring to ascertain the true intent and meaning of the type of agreement here in issue consideration, I think, must be given to such additional factors as the language in which it is couched; whether and to what extent mutually shared elements of speculation or risk exist; the extent of inequality, if any, of the authority which it vested in the parties; and the de facto conduct of the parties in giving effect to the agreement. ... (p. 186): ‘‘ Après avoir examiné le contrat du 1 er septembre 1912, Je suis d’avis que c’est un contrat de société. ...

& M. In 1964, the salary and bonus paid to her by D. & M. amounted to $16,330 (cf. ... & M., has loaned to D. & M. throughout that year the amount of $30,000.00; a loan which is greater than the value of the land. ... & M. at the following rates: The contents of this table are not yet imported to Tax Interpretations. ‘ ‘ These rates, states Mr. ...

Section 1101(3) enacts the following: “ (3) For the purpose of this Part and for the purpose of Schedules C and D (a) a timber limit or a right to cut timber from a limit shall be deemed to be a separate class of property...” ... Subsection (3) of Section 1101 hereunder also bears the specific title of ‘‘Timber Limits and cutting Rights’’: "(3) For the purpose of this Part and for the purpose of Schedules C and D (a) a timber limit or a right to cut timber from a limit shall be deemed to be a separate class of property... ’ ’ I might also mention Section 1102(2) to the effect that: “ (2) The classes of property described in Schedule B shall be deemed not to include the land upon which a property described therein was constructed or is situated.’’ ... In brief, applying Section 20(5)(e)(ii) (supra) the Minister deducted the proceeds of sale from the undepreciated capital cost as it was before the sale and determined that ‘ ‘ the undepre ciated capital cost of property of that class at the expiration of the year’’, deductible under Section 1100(2), was $26,759.30. ...

Young 450 shares Rolka 450 “ Atkinson 100 “ 1,000 The following is an extract from these Minutes: “Mr. ... Ltd. to Young $ 500.00 per lot Sale by John H. Young to Nelmar Realty Limited $1200.00 “ “ Sale by Nelmar Realty Limited to Rolmae Construction Company Ltd. $1500.00 “ ‘* ” From that letter it is abundantly clear that in respect of that sale, at least, a plan had been arranged even before Young secured his deed by which the lots would be immediately sold by him to Nelmar Realty, which company, in turn, would sell them to Rolmac Construction Co. ... Reference may also be made to Miron & Frères Ltée v. M.N.R., [1955] S.C.R. 679; [1955] C.T.C. 182. ...

The only question remaining to be decided by the Court is the question referred to in the Notice of Appeal as the ‘‘ First Matter in Appeal’’. ... Pat and John — and ordinary dividends to the Class ‘‘B’’ shareholder — i.e. the deceased. ... The other view of the matter — that put forward on behalf of the respondent — is, in effect, as I understand it, that the ‘ fair market value’’ of the shares as of the date of the death of the deceased is what a hypothetical willing purchaser would pay to a hypothetical willing vendor for the shares on the basis that the purchaser would not be in any way subject to the obligations that the deceased had assumed by the contract. ...