Search - 2005年四川高考重本线

Canada, 2005 DTC 5119, 2005 SCC 8, [2005] 1 SCR 113-- summary under Section 68 Summary Under Tax Topics- Income Tax Act- Section 68 general authority to allocate global amounts without reference to s. 68 After referring (at para. 51) to the “need to compartmentalize global payments into their constituent portions to determine which are taxable,” Charron J found that the portion of a lump sum damages payment that had been agreed to be compensation for arrears of disability payments was taxable under the surrogatum principle. ...

Quebec (Deputy Minister of Revenue), 2005 DTC 5605, [2005] 2 S.C.R. 598, 2005 SCC 53-- summary under Paragraph 20(1)(c) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(c) Interest on loans incurred to purchase real property and shares of a company was not deductible under s. 160(a) of the Taxation Act (Quebec) (which provided that interest paid on a loan used to earn income from a business or property was deductible) given that in the taxation year in question the real property had been sold, and the company was bankrupt. ...

The Queen, 2005 DTC 66, 2004 TCC 840, aff'd 2005 DTC 5702, 2005 FCA 388-- summary under Subsection 2(1) Summary Under Tax Topics- Income Tax Act- Section 2- Subsection 2(1) The taxpayer, who left with his wife to work in Egypt for 48 months, while maintaining various ties including their home in Ontario while in Egypt, was found to be ordinarily resident in Canada during that period given that his "ties were all with Canada, save only those ties, undertaken during the term of his absence, which were necessary to permit him and his wife to enjoy an acceptable and expected lifestyle while in Egypt" (pp. 72-73). ...

The Queen, 2005 DTC 66, 2004 TCC 840, aff'd 2005 DTC 5702, 2005 FCA 388-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 The taxpayer, who had moved with his wife to Egypt for a four-year work assignment and who maintained their home in Ontario in addition to an apartment in Egypt, was found to have his centre of vital interests in Canada throughout the period given that he "did not really maintain any economic relations with Egypt apart from those he needed to have in order to meet his day-to-day living expenses" (p. 73). ...

Canada, 2005 SCC 54, [2005] 2 SCR 601, 2005 DTC 5523-- summary under Ordinary Meaning Summary Under Tax Topics- Statutory Interpretation- Ordinary Meaning primacy to ordinary meaning if unequivocal In the course of a general introduction, McLachlin CJ stated (at para. 10): The interpretation of a statutory provision must be made according to a textual, contextual and purposive analysis to find a meaning that is harmonious with the Act as a whole. ...

Canada, 2005 SCC 54, [2005] 2 SCR 601, 2005 DTC 5523-- summary under Tax Benefit Summary Under Tax Topics- Income Tax Act- Section 245- Subsection 245(1)- Tax Benefit tax benefit if taxable income reduction or on basis of comparison to alternative McLachlin C.J. and Major J. stated (at para. 20): If a deduction against taxable income is claimed, the existence of a tax benefit is clear, since a deduction results in a reduction of tax. ...

Canada, 2005 SCC 54, [2005] 2 SCR 601, 2005 DTC 5523-- summary under Subsection 248(10) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(10) "in contemplation" references "because of" or "in relation to" In the course of a general discussion of the expression "series of transactions" apearing in ss. 245(2) and (3), the Court noted (at para. 26) that OSFC had held that s. 248(10) extends the meaning of a series "where the parties to the transaction 'knew of the... series such that it could be said that they took it into account when deciding to complete the transction'," and then stated (also at para. 26): We would elaborate that 'in contemplation' is read not in the sense of actual knowledge but in the broader sense of 'because of' or 'in relation to' the series. ...

Canada, 2005 SCC 54, [2005] 2 SCR 601, 2005 DTC 5523-- summary under Certainty Summary Under Tax Topics- Statutory Interpretation- Certainty interpretive approach should be consistent with tax law being certain, predictable and fair, In indicating that judges should not apply taxation policies that are not grounded in the specific provisions of the Act, McLaughlin C.J. and Major J. stated (at para. 42) that such an approach "would run counter to the overall policy of Parliament that tax law be certain, predictable and fair, so that taxpayers can intelligently order their affairs. ...

The Queen, 2005 DTC 1807, 2005 TCC 269, [2005] GSTC 124 (Informal Procedure)-- summary under Subsection 122.3(1) Summary Under Tax Topics- Income Tax Act- Section 122.3- Subsection 122.3(1) The taxpayer's Canadian employer provided the services of captains for various shipping services including, in this case, transporting crude by super tanker ("VLCC") from Saudi Arabia to New Brunswick. ...

Canada, 2005 DTC 5119, 2005 SCC 8, [2005] 1 SCR 113-- summary under Paragraph 6(1)(f) Summary Under Tax Topics- Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(f) payment in settlement of disability arrears was taxable under surrogatum principle as being "pursuant to" the plan The taxpayer received a lump sum payment of $105,000 in settlement of her claim for wrongful termination of her long-term disability benefits. ...