Search - connection

Member Fisher wrote as follows at page 48 of the aforementioned decision: Applying the principles set forth in the judgment in that case, which, although decided under the Income War Tax Act, is, in my opinion, equally applicable to the provisions of The 1948 Income Tax Act, it is my view that the liability here in question arose directly out of the normal trading operations of this taxpayer in the ordinary course of buying and selling scrap metals and that, accordingly, this was an expense in connection with a business of the taxpayer which, under ordinary circumstances and in the absence of any express prohibition in the legislation, would be allowable as a deduction for income tax purposes. ...

Where counsel has a connection to a witness who will testify on issues where factual or expert credibility is at issue there is a risk and a possible perception that counsel may be inappropriately influenced by that relationship to the detriment of counsel’s duties to the court and the client. ...

There were considerable costs incurred in connection with the complex litigation described above, principally legal and audit fees. ...

In connection with the launch Kingswood organized an aggressive media blitz. ...

Canada, [1993] 2 C.T.C. 2475. 1 Subparagraph 110(1)(a)(i) and paragraph 110(8)(c) of the Act provide: 110(1) For the purpose of computing the taxable income of a taxpayer for a taxation year, there may be deducted such of the following amounts as are applicable: (a) the aggregate of gifts made by the taxpayer in the year (and in the five immediately preceding taxation years to the extent of the amount thereof that was not deductible in computing the taxable income of the taxpayer for any preceding taxation year) to (i) registered charities, not exceeding 20 per cent of the income of the taxpayer for the year computed without reference to subsection 137(2), if payment of the amounts given is proven by filing receipts with the Minister that contain prescribed information. 110(8) In this section, (c) registered charity” at any time means (i) a charitable organization, private foundation or public foundation, within the meanings assigned by subsection 149.1(1), that is resident in Canada and was either created or established in Canada, or (ii) a branch, section, parish, congregation or other division of an organiza tion or foundation described in subparagraph (i), that is resident in Canada and was either created or established in Canada and that receives donations on its own behalf, that has applied to the Minister in prescribed form for registration and that is at that time registered as a charitable organization, private foundation or public foundation. 2 Subsections 163(2) and (3) provide: 163(2) Every person who, knowingly, or under circumstances amounting to gross negligence in the carrying out of any duty or obligation imposed by or under this Act, has made or has participated in, assented to or acquiesced in the making of, a false statement or omission in a return, form, certificate, statement or answer (in this section referred to as a "return") filed or made in respect of a taxation year as required by or under this Act or a regulation, is liable to a penalty of.... (3) Where, in any appeal under this Act, any penalty assessed by the Minister under this section is in issue, the burden of establishing the facts justifying the assessment of the penalty is on the Minister. 3 Paragraphs 239(1)(d) and (e) and subsection 239(2) of the Act provide: 239(1) Every person who has (d) wilfully, in any manner, evaded or attempted to evade, compliance with this Act or payment of taxes imposed by this Act, or (e) conspired with any person to commit an offence described by paragraphs (a) to (d), is guilty of an offence and, in addition to any penalty otherwise provided, is liable on summary conviction to.... (2) Every person who is charged with an offence described in subsection (1) may, at the election of the Attorney General of Canada, be prosecuted upon indictment and, if convicted, is, in addition to any penalty otherwise provided, liable to imprisonment for a term not exceeding five years and not less than two months. 4 Subsection 220(5) provides: Any officer or servant employed in connection with the administration or enforce ment of this Act, if he is designated by the Minister for the purpose, may, in the course of his employment, administer oaths and take and receive affidavits, decla rations and affirmations for the purposes of or incidental to the administration or enforcement of this Act or regulations made thereunder, and every officer or servant so designated has for such purposes all the powers of a commissioner for administering oaths or taking affidavits. ...

(c) In addition to the requirement that the interest sought to be deducted must be paid or payable pursuant to a legal obligation to pay interest on borrowed money, subparagraph 20(1)(c)(i) of the Income Tax Act further stipulates that such borrowed money must be used for the purpose of earning income from a business or property, and (i) the use of the borrowed money to earn income from a business or property must be direct: a mere causal connection between the use of the money and any benefit ultimately received is insufficient: Canada Safeway Ltd. v. ...

.): • the nature of the property sold; • the length of the period of ownership; • the frequency or number of similar transactions; • work expended on or in connection with the property; • the circumstances that were responsible for the sale of the property; • motive. [25] The tests are all based on the facts of the particular case and directly or indirectly lead back to the intention of the taxpayer. ...

In this connection, I note that there are deeming provisions in paragraph 88(1.1)(b) regarding deductibility in the subsidiary's hands in its deemed taxation year, and an assumption that during that year, it had sufficient income. ...

Bretz made no inquiry of the Fishers about what one would have noted to be glaring discrepancies, had any connection been made between the assets of the Fishers and the low interest income reported. ...

Next, he considered information he had received that Folkard had business connections in Buffalo which might make it easier for him to flee the jurisdiction and establish himself in the United States. ...