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Expense- Start-Up and Close-Down Expenditures feasability study costs deductible The cost of engineering studies commissioned by the taxpayer (an operating hydro-electric company) to determine the feasibility of establishing hydro-electric facilities at various sites within its territory were found to be fully deductible given that its business required a continuous evaluation and appraisal of its power resources and its methods of operation; and expenditures incurred in this connection were part of its current operations. ...

Her Majesty The Queen, 90 DTC 6633, [1991] 1 CTC 86 (FCTD)-- summary under Business Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Business adventure involves isolated activity In finding that the taxpayer did not acquire two real estate properties in connection with an adventure in the nature of trade, Cullen J. stated (p. 6635): "An adventure in the nature of trade involves an isolated transaction only... ...

The Queen, 90 DTC 6142, [1990] 1 CTC 196 (FCTD), aff'd 94 DTC 6050 (FCA)-- summary under Business Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Business Taxpayer's counsel unsuccessfully submitted that because the definition of "business" specifically excluded an office or employment, the Minister's assumption that the taxpayer had received employee stock options in connection with an adventure in the nature of trade could not stand. ...

Canada, 2016 FCA 19-- summary under Headings Summary Under Tax Topics- Statutory Interpretation- Headings heading did not contemplate illegal drugs In connection with finding (at para. 20) that the zero-rating in Sched. ...

ARQ, 2014 QCCQ 8444, partially aff'd 2018 QCCA 518-- summary under Section 313 Summary Under Tax Topics- Other Legislation/Constitution- Quebec- Business Corporations Act- Section 313 parent of dissolved corporation should have been assessed for its taxes Assessments by ARQ of the 2006 and 2007 years of a Quebec business corporation ("Wesdome") were invalid because Wesdome had been dissolved one day prior to the dates of the assessments in connection with completing its winding-up into its wholly-owning parent corporation. ...

., 2021 SCC 51, [2021] 3 S.C.R. 687-- summary under Certainty Summary Under Tax Topics- Statutory Interpretation- Certainty full effect should be given to Parliament’s precise and unequivocal words to produce certainty In connection with finding that the “business conducted” by a Barbados subsidiary of the taxpayer did not include its activities of raising capital from its shareholder (the taxpayer), Côté J stated (at para. 61, after having made the same point at greater length at para. 41): [I]f taxpayers are to act with any degree of certainty, then full effect should be given to Parliament’s precise and unequivocal words. ...

The Queen, 2021 TCC 92 (Informal Procedure)-- summary under Subsection 118.01(2) Summary Under Tax Topics- Income Tax Act- Section 118.01- Subsection 118.01(2) the non-inclusion of surrogate parent expenses under s. 118.01 did not violate s. 15 equality rights The taxpayer unsuccessfully claimed that the exclusion from the scope of the adoption tax credit (“AETC”) under s. 118.01 of various expenses he incurred in connection with having a surrogate mother bearing a child derived from an embryo from him and his wife infringed his equality rights under s. 15 of the Charter. ...

Canada, 2023 FCA 146-- summary under Stare Decisis Summary Under Tax Topics- General Concepts- Stare Decisis stare decisis applies horizontally In connection with following the court’s earlier decision in Cheema, LeBlanc JA stated (at paras. 10-11): [T]he principle of horizontal stare decisis... dictates that decisions of a panel of an appellate court bind future panels of that court …. ...

.)-- summary under Paragraph 20(1)(c) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(c) In connection with the retirement of old bonds and the issuance of replacement bonds, the taxpayer had to pay interest on both the old bonds and the new bonds for an overlapping period. ...

.$2.9 billion made to settle actions against it in connection with the Enron bankruptcy included whether the settlement amount should have been reimbursed to it by subsidiaries whose conduct may have been the primary basis for the actions. ... Litigation privilege was not available for various documents prepared in connection with the Enron litigation given that (para. 178): the parties are not the same as the Enron litigation, and the cause of action is completely different. ...