Search - 江西农大 毛瑢

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. ...

"7" 837.40 Refrigeration units — — 15,960.00 Asphalt driveway... 2,700.00 Automotive equipment 149,790.78 $203,461.47 Total consideration $200,000.00 No allocation was made, therefore, of the sales value of the depreciable assets and the value of the goodwill of the business. ... Muller & Co.’s Margarine, Limited, [1901] A.C. 217, goodwill is a thing very easily described but very difficult to define. ... Well I left myself there that I could come down. ’ ’ Mr. David Grinstead, an employee of the Freehaul Trailer Co., on the basis that these units were six or seven years old and were of the smaller size would have allowed between $800 and $1,000 per unit if they were in good working condition. ...

Boisvert in the Tax Appeal Board considered that the substance of the transaction in which the property was acquired was not one of setting up a business but one of ‘ ‘sheer investment ’ ’ and that the owners were not engaged in a business. ... ’ One cannot help feeling that the answer to that question must be ‘No,’ because he is merely investing his money in new property and keeping it; he is not dealing with it in any way. ’ ’ In Fry v. ... Lord Atkin reached his conclusion without finding it necessary to express an opinion on this particular point saying at p. 454: “In my opinion it makes no difference that the income so derived forms part of the annual profits of a trading concern. ’ ’ He also said at p. 458: “My Lords, it may well be that another mode of expressing the result I have stated is to hold that a person capable of being assessed under Schedule A cannot be said in respect of his income from land to be earning profits from ‘trade’. ...

By that agreement, certain provisions of the first agreement of October 2, 1944 (Tab 8), were incorporated therein, and it was provided that upon the death of *‘ Y ” and “W”, “ T ”, if then a partner, should be exclusively entitled to the management and control of ‘‘Q and Co.’’ ... Nelson & Cox (1834), 3 M. & K. 1; Byrne v. Reid, [1902] 2 Ch. 735. ... It is pointed out that in this case the whole income of ‘‘Q and Co. ’ ’ was earned by the active partners and it is submitted, therefore, that the assessments as made were correct. ...

The reason why the parties are agreed on the view that the word " goods ‘ ‘ in these provisions must be read as including "electricity’’ is that, by virtue of Section 32(1), the tax imposed by Section 30 does not apply to the sale or importation of the e articles” mentioned in Schedule III, and one of the "‘articles’’ mentioned in that schedule is ‘‘electricity’’ (see paragraph 3 of Part VI of Schedule III). ... The Board then said that it, faced with these two different stresses, ‘ goes beyond the mere concept of transfer and accepts that of production’’. ... Research-Cottrell (Canada) Ltd. et al. (1968). 2 * According to the Petit Larousse, the word "électricité" is a “Nom donné à l’une des formes de l’énergie”. 3 * Indeed, that is what the respondent’s charter authorizes it to do. ...

Investments Ltd. 725 shares Wood, Gundy & Co. Ltd. 725 International Utilities Corp. 1,000 Canadian Delhi Oil Ltd. 1,250 ‘6 Lehman Brothers 625 Alben & Co.. 625 Osler, Hammond & Nanton Ltd. 50 5,000 N.T. ... Power & Paper Securities Ltd..... 200,000.00 25,000 Nesbitt, Thomson & Co. ... Two of the sponsors of Quebee Gas, Osler, Hammond & Nanton Ltd. and Wood Gundy & Co. ...

Excluding those made in 1945 and 1946, the annual sales from Plan 191 were as follows: 1947 — 14 1951 — 2 1948— 8 1952 — 3 1949— 3 1953 — 4 1950— 8 À small number of sales were also made in 1954, 1955 and 1956. ... For the years 1947 and 1948 the matter is to be determined under the provisions of the Income War Taz Act, which was as follows: " " 3. For the purposes of this Act, ‘ income ‘ means the annual net profit or gain or gratuity whether ascertained and capable of computation as being wages, salary, or other fixed amount or unascertained as being fees or emoluments, or as being profits from a trade or commercial or financial or other business or calling directly or indirectly received by a person... or from any trade, manufacture or business...; and shall include... and also the annual profit or gain from any other source including”? ...

As Kerwin, J., as he then was, pointed out in Montreal Light, Heat ‘& Power Consolidated v. ... MINISTER OF NATIONAL REVENUE, Appellant, and i STEWART & MORRISON LIMITED, Respondent. ... The letter states: In response to your request we are pleased to submit below a record of amounts received by Stewart & Morrison, Inc. from Stewart & Morrison Limited as capital contributions and loans payable. ...

The Respondent in computing his income, deducted from his total income the following amounts: Member’s contribution to Legislative Assembly Retirement Allowance account $ 561.00 Registered retirement savings plan premiums 939.00 $1,500.00 and estimated his federal tax payable for 1965 to be $7,197.59 and his provincial tax payable for 1965 to be $1,961.13. 7. ... The Board’s judgment does not appear to refer to Section 139(1) (av) of the Income Tax Act, which says that, where the word " taxpayer” is used in that Act, it includes "‘any person whether or not liable to pay tax’’. In my view, there is no question that Her Majesty is a " " person ’ ’ and that the references in this appeal to the Province of Ontario are references to Her Majesty. ...

Nor do I think the present problem is to be solved by endeavouring to determine the ‘ ‘ source ’ ’ of the income to the particular taxpayer. ... Ingram’s work on South African Income Tax Law by de Villiers J. in his dissenting judgment: Source means not a legal concept, but something which a practical man would regard as a real source of income’; ‘the ascertaining of the actual source is a practical hard matter of fact.’ ” In Hart v. ... He said at page 788: * Their Lordships have no criticism to make of any of those decisions, but they desire to point out that decisions on the words of one statute are seldom of value in deciding on different words in another statute and that different business operations may give rise to different taxing results.” ...