Search - 江西农大 毛瑢

C’est de cette décision que le » Ministre en appelle à cette Cour. A l’appui de son appel il invoque les articles 4 et 5 de la Loi et soumet que l’intimé, ayant droit pour l’année d’imposition 1954 à un salaire de $10,000 et à un loyer au montant de $12,000, a effectivement reçu de son employeur et locataire, The Electrical Manufacturing Company Limited, et touché ce montant de $22,000 en 1954. ... Bishop, [1902] A.C. 287, Lord Lindley, traitant du sens du mot reçu” ou “received”, dit (page 296): “... to constitute a receipt of anything there must be a person to receive and a person from whom he receives, and something received by the former from the latter, and in this case that something must be a sum of money. ... Ltd. pour voyage aux Etats-Unis, considérées comme autre rémunération $ 375.00 Dépenses d’auto, partie personnelle 179.00 Reçu pour dépréciation d’automobile 1,200.00 total: $1,750.00 La preuve est à l’effet que l’intimé a présenté à son employeur un compte de $1,123.78 pour dépenses encourues lors d’un voyage, accompagné de son épouse, aux Etats-Unis. ...

Plimley also tells us that: “No new cars had been ordered from Nuffield in 1952”, and ‘‘ all these debits or charges were contracted in 1951, carried over as an outstanding liability to the year 1952, amounting to $1,540,789.26, the final payment made, December 9, 1952, in the fiscal year closing September 30, 1953”. ... In the Oxford Shorter English Dictionary, Vo Rebate, we read: “A reduction from a sum of money to be paid, a discount; also a repayment. ’ ’ The initial part of this sentence could equally qualify writing off a debt; Black’s Law Dictionary affords, it would seem, a more germane suggestion of this word’s ordinary meaning: “Rebate... ... Rowlatt, J., wrote ‘‘... it (the 10% discount) is a benefit on revenue account. ...

.), ¢. 25. The remainder of the appellant’s income was interest on debentures of and loans to some of the appellant’s subsidiary companies and some small amounts of exchange profits. ... General expense_$ 288.87 $ 1,167.65 2. Directors’ fees 2,000.00 2,000.06 3. ... Henderson said: ‘‘That again consists of travelling on Distillers Corporation Seagrams Limited business principally with our American company in connection with interest and what-have-you that they are paying us— the paper work and what not required in connection therewith. ’ ’ He also said that no travelling was ever required in connection with the dividend income. 2. ...

And then subsection (3): “ (3) The money remaining in the trust fund, if any, after payment of all claims, costs and expenses authorized to be paid pursuant to this Act shall belong and be paid to the company. ’ ’ Then by Section 7 the Order-in-Council to which I have referred was validated and confirmed and attached as a Schedule to the Act. ... On April 22 it forwarded to the National Trust Company a cheque for $317,213.24, ‘‘ being payment in full of the Rebus Royalty arrears as per the attached statement’’. ... In his Notice of Appeal the appellant alleged that the total sums received in 1949 were capital ‘‘as being damages for loss of future development of property to its full scope”, or “capital as compensation upon giving up right to drill on the remaining two well sites’’, and as capital ‘‘ because of the act of the Alberta Government in interfering and in effect expropriating w hat might have been income under other circumstances and converting it into a capital payment or compensation for present and future losses’’. ...

Then other lots, properties, were liquidated to assist in paying for the townsite lots so eventually in a period of 10 years I had raised enough money to pay for the property. ’ ’ Exhibit B admitted by the appellant establishes that the latter sold 172 lots from the year 1930 to the year 1958 inclusive to which must be added 47 sales from 1959 to 1962, thus forming a grand total of 219. ... These signs read as follows: ‘ Lots for sale, apply to P. V. Smith.’’ ... There are many companies which in their very inception are powered for such a purpose, and in these eases it is not doubtful that, where they make a gain by a realisation, the gain they make is liable to be assessed for income tax. ’ ’ And then the Lord Justice Clerk laid down the test to be applied as follows: “What is the line which separates the two classes of cases may be difficult to define and each case must be considered according to its facts; the question to be determined being—1s the sum of gain that has been made a mere enhancement of value by realising a security, or is it a gain made in an operation of business in carrying out a scheme for profit making?” ...

LLOYD COMPARISON OF PROFESSIONAL AND Mortgage INCOME Professional Mortgage Bonuses Year Fees (net) Interest Realized 1952 $ 11,118.60 $ 785.00. 6,455.91 1953 2,723.17 13,578.83 1,254.28 1954. 2,755.01 16,955.86 7,307.30 1955 2,757.24 19,327.09 6,831.50 1956 2,285.68 20,902.03 7,767.00 1957 3,390.55 21,517.88 13,680.30.1958 — 2,500.62 20,496.28 25,309.94 1959.- 5,389.97 23,725.73 18,533.60. 1960 (to June 12) 3,836.80 13,384.94 7,895.59 Totals —..$32,094.95 $161,007.24 $89,364.51 Average 814 years____$ 3,775.87 $ 18,942.03 $10,513.47 Mrs. ... R. 45 at 90; [1917-27] C.T.C. 198 at 202, by Duff, J.: ‘ ‘ He must shew that the impeached assessment is an assessment which ought not to have been made.” ... Talbot (1944), 26 T.C. 188, which dealt with a builder selling houses: é ‘... ...

Whether Section 2(2) can be read as. requiring an income tax to be paid, not only upon the taxable income of a non-resident person who actually ‘ carried on business in Canada” in a taxation year, but also on the taxable income of a non-resident person who carried on’’ an “adventure... in the nature of trade’’ in Canada in a taxation year. ... The respondent contends that the words of paragraph 1 of Article III beginning with “unless’ ’ apply to the profits in question. ... In one sense, the appellant was engaged “ in... business in Canada ’ ’ through this arrangement. ...

Subject to the other provisions of this Part, income for a taxation year from a business or property is the profit therefrom for the year. ’ ’ And Section 127(1)(e), later Section 139(1) (e), defines ^business ’ ’ as follows: “(e) business’ includes a profession, calling, trade, manufacture or undertaking of any kind whatever and includes an adventure or concern in the nature of trade but does not include an office or employment;” The distinction between profits that are subject to income tax and those that are not, together with the test to be applied in determining on which side of the line they fall, was clearly stated in the well-known case of Californian Copper Syndicate (Limited and Reduced) v. ... Wolf Goldstein who took a % share, leaving a /6 share for the respondent. ...

By virtue of this agreement, he accepted, as a withdrawal indemnity in settlement of all the rights which he had or might have in the partnership, the sum of $35,900, payable in the amount of $19,900 by certain ms I whieh he received from the following contracts: Sogefors — $13,900 Métro — 3,000. Stadium — 3,000 and a balance of $16,000, which was specified to be payable when the City of Montreal paid for the Métro plans, out of the share of the fees due to the three other partners on this project in accordance with the terms of a later clause in the agreement. ...

Campbell & Associates Ltd. and that as remuneration for his services in those years, received from the said J. ... Campbell & Associates Ltd.; (f) THAT the Appellant &nd Independent Management Ltd. were not persons dealing at arm’s length, 5. ... In order to hold otherwise it must be found that the company is a ‘‘mere sham, simulacrum or cloak ’ ’. ...