Search - 江西农大 毛瑢

Gifts with reservations of benefits are deemed to be included in a “ succession ‘ ‘ under:— “3 (1). ... The corresponding provisions of the other Acts mentioned do not contain the words ‘‘or by a trustee for the donee ‘ ’. ... The deed of settlement (1930) with the amendments under the agreement (1937) further provided:— " ‘2. ...

The Refinery imported from the United States, or purchased from domestic producers or wholesalers, a considerable quantity of what is known as ‘‘gas oil,’’ which it sold under the name of "‘tractor fuel, ‘ and sometimes as " ‘ gas oil, ‘ ‘ without further processing or manufacture, and without any change in the structure of such product. ... <A dispute arose between the Refinery and the Department of National Revenue as to whether the mixing of raw naphtha and gas oil, or raw naphtha and kerosene, constituted a " " manufacture, ‘ ‘ and the Department ruled that it did, and in this I concur. ... There seems to have been a disagreement between the Refinery and the Revenue Auditor regarding the standard or grade of certain oil products which the Refinery imported or purchased under one name, and sold under another name, for example, a product imported as ‘ 4 gas oil ‘ ‘ was sold as ‘‘tractor oil, ‘ ‘ and apparently a distinction was made between them for taxation purposes. ...

The principal paragraph in the usual form of license is as follows: "The licensor hereby grants to the licensee the right to use the inventions described and claimed in said letters patent on the aforesaid machines of the licensee, located as aforesaid including any improvements on said inventions which the licensor may acquire upon the following terms and conditions. ‘ ‘ The licenses are not assignable, and no license passes with the sale of any machine sold by the licensee, but the licensor agrees not unreasonably to refuse to grant a license in the case of a sale of a machine by the licensee. ... The Minister shall have full discretion as to the manner of determining such proportionate part. ‘ ‘ The appellant claims that it does not receive royalty for " * anything used or sold in Canada’’, and that the transactions of the appellant in Canada in connection with the licensing of patents, is not a carrying on of business in Canada within the contemplation of the statute, and that the payments made to the appellant by the licensees are not taxable. ...

Add: Reserve deducted under Section 85B in computing your 1961 income 15,000 The amounts of tax actually assessed against the appellant in the taxation years 1959, 1960, 1961 and 1962 are identical with the amounts that would have been assessed if the respondent had in fact assessed the appellant on the basis that the appellant had adopted pursuant to Section 85B of the Income Tax Act a cash basis for computing this profit from this ‘ ‘ business ’ ’. ... The determination of this issue is dependent (i) on the true interpretation of the provisions of Section 85B(l)(b) of the Income Tax Act in relation to the question of whether the respondent may set up and employ a reserve under Section 85B(1)(d), that is, assess the appellant on the basis that the appellant adopted an accrual basis for computing profit from this business ’’ when the appellant had taken no position either in any written document delivered to the respondent or verbally as to how he wished to compute the profit from this “business”, that is, neither the position that he wished it computed by the cash method nor by the accrual method; and (ii) whether on the facts of this case this reserve of $30,000 was again deducted in 1960 by the appellant pursuant to Section 85B(1) (d) of the Income Tax Act in computing his income for the taxation year so as to avoid including it in his 1960 income pursuant to Section 85B(1)(e) of the Act. ...

On March 10, 1947, the Minister of Lands and Forests forwarded a letter to the appellant (Exhibit 3) in these terms: ‘ ‘ For your information I am enclosing a copy of the ‘ Manual of Requirements for Working or Management Plans, Operating Plans, Annual Cutting Applications and Forest Surveys’. ... In the case of Strong & Co. v. Woodsfield, [1906] A.C. 448 at 453, Lord Davey said: ‘6.. ... M.N.R., [1944] A.C. 126 at 133, where Lord Macmillan, in the Judicial Committee of the Privy Council, said: “... ...

"‘(d) such goods are for use by the manufacturer or producer and not for sale; the Minister may determine the value for the tax under this Act and all such transactions shall for the purposes of this Act be regarded as sales. ’ ‘ • 104. ... " ‘ Such is the solution of the Roman law and of the old French law which the commissioners have embodied in the Civil Code of Quebec. ... & N. 73; 156 E.R. 1123, the situation would be the same under the common law. ...

" " 11. That the oil produced by Vulcan Oil Limited is not in fact physically divided by the Company, nor is it sold in two distinct portions of 90 per cent and 10 per cent, but the whole is handled in bulk. ... " " 12. That the Appellant, or her Agent, has in fact from time to time entered upon and viewed the operations and workings of Vulcan Oils Limited as to the operations of the mining of oil on the property. ^13. ... East wood (1858) 2 Hurlstone & Norman. 811; Commissioners of Inland Revenue v. ...

Eallien Crawford-Brown (now deceased). 1929 • Income Tax Appeal. " " The appeal of the above named taxpayer against her assessment for 1929 on the ground that she was entitled to a life interest only in the estate of Sir Lyman Melvin Jones and accordingly that she should not be taxed on any portion of the premium received by the estate on the redemption of preferred shares of Massey-Harris Co. ... In addition to the said reasons, the appellant submits that the word " premium ’ has many meanings.” The notice then cites definitions of the words "premium'' and "" bonus” from Murray’s New English Dictionary and it continues as follows: " " The appellants submit that a fair and usual interpretation to be placed on the word ‘premium’ is that it is a bonus, i.e., an extra dividend. ...

(hereafter referred to as " the Malkin Company”) which carries on the business of wholesale grocers in the same city. ... If justification to tax the appellant is sought in the word " " emoluments ‘ ‘ in the general definition of ‘ ‘ income, ‘ ‘ it cannot be said that such " " emolument, ‘ ‘ namely, the occupation of Southlands, is one "‘directly or indirectly received by any person from any office or employment, or from any profession or calling, or from any trade, manufacture or business.’’ ...

Paragraphs 18 and 19 of the Statement of Claim in this appeal are: ‘ ‘ 18. ... Smart recouped himself, and repaid Smart & Biggar, at first by depositing in Smart & Biggar’s account the whole of any profits from the Ottawa office of Fetherstonhaugh & Co., and paying no part to F. ... Not all money in the bank account of a partnership is " " income of the partnership’’. ...