Search - 江西农大 毛瑢

Grant, Regional Supervisor for the Veterans Land Act has the opportunity to purchase 120 acres of land @ $875. an acre and has requested our assistance for a non-revolving advance of $50,000. ... In that ease the Court unanimously agreed with Hyndman, D.J.’s findings with reference to the appellant, that ‘ ‘ Having acquired the said property there was no intention in his mind to retain it as an investment, but to dispose of the lots, if and when suitable prices could be obtained”. ...

The provision in question reads: “It is understood and agreed that if on or before the date provided herein for completion of the sale and purchase the Purchaser shall not (a) have obtained all necessary permits from all governmental or administrative bodies having jurisdiction in the premises allowing the erection and operation on the lands which are the subject of this agreement of a retail shopping centre, the buildings of which shall have a minimum ground floor area of 25% of the lands covered by this agreement and a maximum height of 35 feet, and (b) have obtained from the Department of Highways all permits required for such a shopping centre allowing access to the same directly from the adjacent public highway, (c) have obtained the approval of the Grantor’s engineers to a site plan as described in Schedule C ’ herein hereto annexed, which approval shall not be unreasonably withheld, the Purchaser may either complete the purchase, in which case it shall have no claim against the Vendor for the fulfilment of the above conditions (a) and (b) and (c) or otherwise, or the Purchaser may by notice given on or before the said date of completion terminate this agreement....”? ... What happened in fact was, however, quite different, and I do not regard it as in any real or practical sense the equivalent of a mere realization of the capital asset represented by the option. ’ ’ Much more than the option and its value was involved. ...

Though the test is stated negatively in Section 1102, the critical question in the present appeal with respect to all three types of deductions is whether the property was acquired, or the expenditure was incurred ‘for the purpose of gaining or producing income ’ ’ from the property or from a business and the onus of satisfying the Court that the answer should be in the affirmative rested on the respondent. ... The re-assessment for the year 1961 will be restored and the re-assessment for the year 1962 will be referred back to the Minister for re-assessment on the basis that the respondent is not entitled to any of the deductions in question in this appeal and, subject to this alteration, on the basis of the judgment of the Tax Appeal Board. 1 *“(1) Notwithstanding paragraphs (a), (b) and (h) of subsection (1) of section 12, the following amounts may be deducted in computing the income of a taxpayer for a taxation year: (a) such part of the capital cost to the taxpayer of property, or such amount in respect of the capital cost to the taxpayer property, if any, as is allowed by regulation;” 2 +1100. (1) Under paragraph (a) of subsection (1) of section 11 of the Act, there is hereby allowed to a taxpayer, in computing his income from a business or property, as the case may be, deductions for each taxation year equal to (a) such amounts as he may claim in respect of property of each of the following classes in Schedule B not ex ceeding... ” ...

La clause du dit testament qui fait la base du présent litige se lit comme suit: “Je donne et lègue tous mes biens meubles et immeubles, ainsi que mes polices d’assurance sur ma vie, à mon épouse Yvette Bernier, laquelle je nomme mon exécutrice testamentaire, la rendant indépendente de tout tuteur qui serait nommé à mes enfants. ’ ’ La succession du dit Lucien Frégeau s’ouvrit à son décès, le 4 juin 1953. ... Voyons quels sont les termes de cette disposition de la loi (R.S.C., 1952, chap. 89). “3. (1) A ‘succession’ shall be deemed to include the following dispositions of property and the beneficiary and the deceased shall be deemed to be the ‘successor’ and ‘ predecessor’ respectively in relation to such property: (h) money received or receivable under a policy of insurance effected by any person on his life, or effected on his life by a personal corporation, whether or not such insurance is payable to or in favour of a preferred beneficiary within the meaning of any statute of any province relating to insurance, where the policy is wholly kept up by him or by such personal corporation for the benefit of any existing or future donee, whether nominee or assignee, or for any person who may become a donee, or a part of such money in proportion to the premiums paid by him or by such personal corporation, where the policy is partially kept up by him or by such personal corporation for such benefit;” Dans la cause qui nous est soumise il a été établi que le testateur a assuré sa propre vie. ...

These were claimed by the appellant to be (1) current contributions ‘‘“., to or under a registered pension fund or plan in respect of services rendered by employees of the taxpayer in the year,..” under the provisions of Section 11(1) (g) of the Income Tax Act, and (2) past service contributions ‘‘.. on account of an employees’ superannuation or pension fund or plan in respect of past services of employees...’’ pursuant to Section 76(1) of the Act. These current contributions and past service contributions were composed of the following amounts: On December 21, 1964 current $ 6,000.00 past services 15,000.00 On April 26, 1965 past services 217,000.00 $238,000.00 Sections 76 and 11(1) (g) of the Income Tax Act permit deductions by an employer of contributions to certain pension plans for employees. ... From this sum the appellant in its tax return deducted the above referred to sum of $238,000 as its ‘‘contribution to Employees’ Pension Plan ’ ’. ...

Davidson & Co. Ltd. a corporation which has since then been engaged in underwriting and trading as a principal in securities. ... Denton who was a member of Burns Brothers & Denton Ltd., a company engaged in a business similar to that of A. ... Davidson & Co. Ltd., arranged to acquire some 54,000 shares representing 76% of the issued share capital of the company. ...

I believe it would be in the fall of ’55 after they were staked. ’ ’ As appears by the two letters dated June 1 and 2, 1955 (Ex. ... The letter was admitted under reserve of objection and reads as follows: ‘ ‘ 70 Front Street Oakville, Ontario, C. ... Wheeler will be dismissed with costs. 1 * The evidence makes no reference to any relationship which existed between Raglan Nickel and Raglan Mining Co. ...

This the appellant forwarded to the Director of Income Tax at Calgary on April 11, 1953, with a letter prepared by the accountant but signed by the appellant himself, in which he expresses disagreement with the figures in what is referred to as " the net worth statement set out on VZA 70977”. ... In making the reassessment, the Minister apportioned the $14,733.65 over the four years as follows: 1948 $4,125.42 1949 — $2,210.05 1950 — $5,156.78 1951 — $3,241.40 and assessed the appellant accordingly. ... Section 47 of the Income War Tax Act, under Which the Minister proceeded in respect of the appellant’s income for the year 1948, is as follows: " "47. ...

R-1 $ 250 Isobel M. May 1946 4,85 acres marked McDowell as no. 3 on Ex. R-1 $ 900 F. A. Fleming 15 Nov. 1946 50 acre parcel marked & D. M. ... His description of the farm is that ‘ ‘ on the west side near Davidson, there is 100 acres there as good a land as the sun ever shone on and on the other side it is log land”. ...

& F. Limited’s rights under the 1953 agreement between W. & EF’. ... & F. Limited in the 1953 agreement and became obligated to perform for Western the services that W. ... & F. Limited’s rights under the 1953 contract is not a franchise or concession. ...