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The Queen, 92 DTC 6595, [1993] 1 CTC 21 (FCTD)-- summary under Resolving Ambiguity Summary Under Tax Topics- Statutory Interpretation- Resolving Ambiguity Rothstein J. articulated various principles of the "modern, interpretative approach to the Income Tax Act " including the following principle: The Act should be applied as to affect the conduct of a taxpayer which has the designed effect of defeating the expressed intention of Parliament. ...

The Queen, 85 DTC 5034, [1985] 1 CTC 31 (FCA)-- summary under Resolving Ambiguity Summary Under Tax Topics- Statutory Interpretation- Resolving Ambiguity Since "paragraph 20(1)(gg) provides for an exception from the general rule for computing income for the purposes of taxation [,] a taxpayer seeking to benefit from such exception must bring himself clearly within the language of the legislation. ...

The Queen, 99 DTC 157 (TCC)-- summary under Subsection 56(2) Summary Under Tax Topics- Income Tax Act- Section 56- Subsection 56(2) S.56(2) did not apply to an arrangement under which fees earned by companies as a result of a tax plan concocted by tax partners at Coopers & Lybrand were paid as dividends to family members or family trusts in respect of partners of the firm. ...

Stankovic, 2018 FC 462-- summary under Stare Decisis Summary Under Tax Topics- General Concepts- Stare Decisis Quebec CA decision relied upon In briefly disposing of the taxpayer's Charter arguments, Russell J stated (at para. 64): The issues raised by the Applicant on this point were addressed … by the Quebec Court of Appeal [Berger, 2016 QCCA 226]. ...

The Queen, 2019 TCC 132-- summary under Subsection 96(2) Summary Under Tax Topics- Income Tax Act- Section 96- Subsection 96(2) s. 96(2) reinforced application of s. 102(2) Pizzitelli J found that, in light of ss. 96(2) and 102(2), partnership members of a limited partnership (“AIGLP”) were to be treated as members of AIGLP for s. 103(1.1) purposes – as were the trust members of AIGLP. ...

The question … is whether the fact that deferred gains and recapture will never be taxed frustrates the object, spirit and purpose of subsection 97(2). ... …[D]epreciable property or other types of property that give rise to a 100% rate of inclusion cannot be bumped. … The rationale [in s. 98(3)] is the same…. ... In finding that the object and spirit of s. 100(1) also had been circumvented, Noël CJ stated (at paras 101 and 102): …[S]ubsection 100(1) brings into income 100% of the gain resulting from the sale of a partnership interest to an exempt entity insofar as it is attributable to depreciable property. … Parliament wanted tax to be paid on the latent recapture which would otherwise go unpaid on a subsequent sale of the depreciable property by the tax-exempt purchaser. ...

Given that there were over 150 unitholders in each Income Fund holding a qualifying block of units, whether the units of the Income Funds qualified (under Reg. 4900(1)(d)) as units of mutual fund trusts turned principally on whether there had been a “lawful distribution in a province to the public of units of the trust and a prospectus … was not, under the laws of the province, required to be filed in respect of the distribution” (Reg. 4801(a)(i)(A)). ... In this regard, Smith J found (at para. 266) that the subscribing “minors were not legally competent to sign the Risk Acknowledgement form” required to be given by them and that “the Alberta and BC securities commission intended that this document would only be signed by adult subscribers who had legal capacity,” that the minors’ subscriptions “were … unlawful” (para. 291) and (regarding over 25 of the subscriptions by adult Investors) the Minister’s unrebutted “assumption that these adults did not pay for their own units was sufficient to indicate that they had not purchased the units as principal for their own account” (para. 313). ... Anything less than that would not be “a lawful distribution” since it would be contrary to the precise terms of the OM. … The Income Funds did not qualify as a “mutual fund trust” because they failed to satisfy the prescribed condition that there be “a lawful distribution …to the public of units” under the laws of the provinces of Alberta and BC to not fewer than 160 investors as required by the OM. ...

La Reine, 2007 DTC 1619, 2007 TCC 338 (Informal Procedure)-- summary under Subsection 37(1) Summary Under Tax Topics- Income Tax Act- Section 37- Subsection 37(1) Archambault J. found that a purported partnership of which the taxpayer was a purported member was not carrying on any business (as it was created solely to transfer R & D tax deductions to investors) so that the taxpayer was not entitled to any deductions under s. 37 in respect of alleged expenditures of the partnership. ...

The Queen, 2007 DTC 996, 2007 TCC 289, aff'd 2008 DTC 6230, 2008 FCA 92-- summary under Income-Producing Purpose Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Income-Producing Purpose A fee paid by the taxpayer to Ernst & Young LLP for advice in connection with strategizing as to how to monetize his shares through a forward exchange contract were not incurred to assist him in gaining or producing income from the shares and, therefore, were not deductible. ...

.)-- summary under Paid-Up Capital Summary Under Tax Topics- Income Tax Act- Section 89- Subsection 89(1)- Paid-Up Capital stated capital increase equal to principal of converted debt With respect to s. 23 of the Ontario Business Corporations Act … the effect of the conversion [of] a debt security into shares releases the corporation from liability for the principal amount of the debt security and that constitutes the consideration for the issuance of the shares. ...