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TCC

Sears v. The Queen, 2009 DTC 1370, 2009 TCC 344 (Informal Procedure)

I have extracted from those various cases the relevant factors that were considered, none of which is necessarily determinative in itself:  -          duration of stay (depending on whether ties with the old location (residence) were severed);-          accommodation;-          community connections maintained or severed;-          social and economic ties;-          transfer of mail;-          driver's license;-          health cards;-          vehicle registration;-          taxpayer's family;-          were significant attachments left behind? ... Duration of stay, accommodation, community connections maintained or severed, transfers of mail, licenses, health cards and vehicle registrations are just some of the factors which must be analyzed and considered. ...
EC decision

Clevite Development Ltd. v. MNR, 61 DTC 1093, [1961] CTC 147 (Ex. Ct.)

Thomas, and the President’s secretary was sometimes used to type letters in connection with the appellant’s affairs. ... At pages 62-3, he also said: “I have dealt with this question so far without reference to the special argument which counsel for the respondents put forward in connection with the particular agreements under which the income is derived in this case... ...
FCTD

Sedgewick Co-operative Association Ltd. v. The Queen, 83 DTC 5455, [1984] CTC 14 (FCTD)

During this same year it realized a taxable capital gain of $5,906 from the disposition of real property which had been used or held in connection with the plaintiffs business. ... He might, to achieve a similar result, arrange with a retailer to give him a discount in return for undertaking to do all business with him, or he might for example purchase from a wholesaler if he had the proper connections to do so. ...
FCTD

The Queen v. Dorchester Drummond Corp. Ltd., 79 DTC 5163, [1979] CTC 219 (FCTD)

It is never necessary to show a causal connection between an expenditure and a receipt. ... In the three following years he claimed as deductions from other income his taxes, insurance and other expenses in connection with his property. ...
TCC

Hamilton v. The Queen, 97 DTC 787, [1997] 1 CTC 2446 (TCC)

He had used his ingenuity, connections and enthusiasm to form syndicates and raise necessary capital. ... In determining whether the lease rental payments qualified as a CEE on page 188 (D.T.C. 6127) in Gulf Canada (supra) the Federal Court of Appeal concluded that payments made to maintain an acreage inventory upon which development and production may take place in the future are not within the definition of clause 66.1(6)(a)(i) In order for an expense to be incurred there has to be some connection between that expense and the work actually done on the ground. ...
FCA

Indalex Ltd. v. The Queen, [1988] 1 CTC 60, 88 DTC 6053 (FCA)

That conclusion was characterized as a major error since, it was said, all of the evidence demonstrated hard bargaining including the uncontradicted, unimpugned testimony of three witnesses who had, at the time of the trial, severed all connections with the Pillar group. ... Stracey, who had not severed his connection with the group, who said, for example, at Transcript, Vol. 2. p. 269, lines 27 to 30, under cross-examination, Whether you use the words bargain, talk or negotiate I am telling you under oath that I did my very best at all times to get the best possible price I could from Pillar International. ...
FCA

Desnomie v. Canada, 2000 DTC 6250 (FCA)

There is no connection here between the appellant's employment income and the Peepeekisis Reserve in Saskatchewan. [19]      The necessity argument is based on the connection between the MIEA and the services performed by the appellant on the one hand, and students from various reserves in Manitoba on the other. ...
FCA

Ludmer v. The Queen, 95 DTC 5311, [1996] 3 CTC 74 (FCA)

.); affirmed [1989] 1 S.C.R. 141, 91 N.R. 63 Lacombe J.A. said the following (at pages 88-9 (N.R. 218): In accepting the applicant’s argument of estoppel by representation on grounds of equity, the Court would thereby be setting aside the decision of the respondent Commission rather than that of the Umpire, and the Court is not sitting in equity in connection with the remedy currently being sought by the applicant. ... If by chance the appellants were allowed to call as witnesses taxpayers whom they knew or thought they knew had benefited from preferential treatment by the Minister it can be seen what an unfavourable position the latter would be placed in, as he could in no case present opposing evidence since he is firmly bound by the prohibition imposed on him against directly or indirectly disclosing the secret information he has in this connection. ...
TCC

G.A. Borstad Associates Ltd. v. MNR, 92 DTC 1743, [1992] 2 CTC 2146 (TCC)

In this connection, it is to be noted that in many provisions of the Income Tax Act the deduction or non-deduction of a particular type of expense is stated in terms of both an expense made or incurred. ... In this connection, it is particularly instructive to consider the language used in the provisions of paragraph 20(1)(c) and section 78 of the Income Tax Act. ...
FCTD

Bigelow v. The Queen, 90 DTC 6262, [1990] 1 CTC 351 (FCTD)

Bigelow, deducted losses incurred in connection with his raising of thoroughbred race horses in 1977, 1978 and 1979 in calculating his income tax for those years. ... See also paragraph 139(1)(ae) of the Income Tax Act which includes as "personal and living expenses" and therefore not deductible for tax purposes the expenses of properties maintained by the taxpayer for his own use and benefit, and not maintained in connection with a business carried on for profit or with a reasonable expectation of profit. ...

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