Search - 江西农大 毛瑢

More significant still is the assertion in paragraph 27 of respondent’s reply that “... the taxpayer (rather a misnomer when predicated upon one reproached with not having paid) failed to file with the Minister his returns of income for the 1955, 1956, 1957, 1958 and 1959 taxation years....” ... During the rest of 1970, the appellant came regularly to Dorion about once a month for a period of several days to discharge various religious and other obligations. ~ Such: averments, obtained from the apellant, tend, in my opinion, to prove ‘‘non-residence’’, ordinarily at least, more than anything else. ...

Maule, 1 Swan. 495 at 508, which is apt in this matter, and I quote: ‘ Without doubt, in my absence of express there may be an implied contract as to the duration of the partnership, but I must contradict all authority if I say that whenever there is a partnership, the purchase of a leasehold interest of longer or shorter duration, is a circumstance from which it is to be inferred that the partnership shall continue as long as the lease. ... As a consequence, no costs are allowed to the appellants. 1 * 12th Edition, page 160. ...

This is especially true when a distinction is sometimes made between the gain realized from the acquisition and holding to maturity of a discount mortgage, such as the subject mortgage in this case, and the gain realized from the acquisition of and holding to maturity of so-called ‘ discount bonds’’. ... Keynes, The General Theory of Employment, Interest and Money, London, 1936, pp. 52-61. 8 * Seltzer, The Nature of Tax Treatment of Capital Gains and Losses (supra), p. 53; and see also A. ... Keynes, The General Theory of Employment, Interest and Money (supra), pp. 149-50: “... ...

"‘Being resident or ordinarily resident ” in a particular jurisdiction is a question of fact and not one of law. ... The appellant admitted that, while in England, he was not called upon to pay income tax to the British authorities; that during the same period he remained a member of the legal firm of Beament & Beament and that certain moneys were applied to his credit; that he paid income tax in Canada on the sums received from the said firm and from certain investments; that he gave his business address as being the office of Beament & Beament, 56 Sparks Street, Ottawa. ... He acknowledged that the address for that year is indicated as Beament & Beament, 56 Sparks Street, Ottawa, that the partners were A. ...

In its ‘‘ operating statement’’ (Statement 2), it shows revenue from completed contracts of $79,936.09, and job costs for those contracts of $60,846.30. ... That contract was commenced in October 1953, but in November substantial changes — all permitted by the contract — were ordered by the owner. ... M’Elroy & Sons (1878), 3 App. Cas. 1040, at pp. 1047, 1048), a progress certificate creates a debt due (Pickering v. ...

White Co. of Canada (No. 43982), and Goldsmith Brothers Smelting & Refining Co. ...

In order for the appellant to be entitled to adopt a fiscal period other than a calendar year, she must be the “ proprietor of a business’’ within the meaning of those words as used in Section 15(1) of the Income Tax Act, R.S.C. 1952, e. 148 which reads as follows: “15. (1) Where a person is a partner or an individual is a proprietor of a business, his income from the partnership or business for a taxation year shall be deemed to be his income from the partnership or business for the fiscal period or periods that ended in the year.’’ If the appellant is not the proprietor of a business, then her taxation years must be the calendar years in accordance with Section 139(2) (b) wherein, ‘‘taxation year’’ is defined as follows: “ (2) For the purpose of this Act, a ‘taxation year’ is (b) in the case of an individual, a calendar year, The appellant resided in the City of Windsor, Ontario, as the wife of a medical practitioner in that city for sixteen years after which time they separated. ... In Section 139(1) of the Income Tax Act, ‘‘business’’ is defined in paragraph (e) as including, ‘‘a profession, calling, trade, manufacture or undertaking of any kind whatsoever and includes an adventure or concern in the nature of trade but does not include an office or employment’’ and in paragraph (m) the terms ‘‘employment’’, ‘‘servant’’ and ‘‘employee’’ are defined as follows: “ (m) ‘employment’ means the position of an individual in the service of some other person (including Her Majesty or a foreign state or sovereign) and ‘servant’ or ‘employee’ means a person holding such a position;...” ...

Harry Hortick, the appellant, is president of the Harry Hortick Machinery & Supply Co., dealing in machinery and machinery supplies. ... On October 6, 1956, B.S.A.’s acceptance was evidenced in a letter also acknowledging receipt from Harry Hortick Machinery & Supply Co., of a $5,000 cheque as a guarantee of good faith and a bond of sale (cf. ... Hortick said ‘‘ Would you be interested to rent the property?”. The conclusion of this bargaining was promptly reached ‘‘on or about December 14, 1956, when the aforesaid property was sold to Peacock Bros. ...

For example, if it carries on an active financial, commercial or industrial business, or does not derive one-quarter of its income from the sources mentioned, or if the individuals in control are not resident in Canada, it ceases to be a ‘‘ personal corporation’’ and for taxation purposes becomes an ordinary corporation. ... The control ‘‘by any other person”, by the very words of the subsection, must be ‘‘on his or their behalf’’. ‘‘ His’’ necessarily refers to ‘‘an individual resident in Canada’’ which, of course, could not apply to a deceased person; and ‘‘their’’ likewise refers to ‘‘one or more members of his family’’ limited by subsection (2) to a spouse, sons and daughters, all members of one family. ... C.R. 88; [1935-37] C.T.C. 311, my late brother, Angers, J., reached the conclusion under the then provisions of certain sections of the Income War Tax Act, relating to ‘‘personal corporations’’, that Port Credit Realty Ltd. did not cease to be a ‘‘ personal corporation’’ following the death of James Harris who had had the controlling interest therein, the executors of the Harris estate administering that company on behalf of his widow and children. ...

Bruce, [1915] A.C. 483 at 444, “... on ordinary principles of commercial trading, by setting against the income earned the cost of earning it’’. ... With the exception of its last and negative sentence: ‘‘ Neither of those limitations, etc.”, this presentation of the issue would seem quite correct; my opinion is that no other one could be reasonably entertained. ... Then, if the following proposition No. (2) is true, and it does appear to be the clear purport of the law, ‘‘... credit (ï.e., tax relief or deduction sought) cannot in any case exceed the proportionate Canadian tax on the foreign income’’. ...