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The Queen, 2014 DTC 1126, 2013 TCC 310-- summary under Evidence Summary Under Tax Topics- General Concepts- Evidence Canadian tax accountant's testimony on US tax consequences accorded little weight The taxpayer sought to establish through testimony of a Canadian tax accountant who had advised in connection with the transactions under review that an arm's length vendor (Ford U.S.) of debt and shares to the taxpayer had engaged in preliminary transactions for U.S. tax reasons rather than to accommodate a Canadian tax advantage to the taxpayer. ...

A cash payment of $480,900 that reimbursed the City for related expenditures was a capital expenditure because it was made by the taxpayer in connection with expanding the parking capacity of the shopping centre, i.e., for the purpose of expanding the taxpayer's operating structure. ...

La Reine, 2007 DTC 1534, 2007 TCC 461 (Informal Procedure)-- summary under Start-Up and Liquidation Costs Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Start-Up and Liquidation Costs Before going on to find that legal fees incurred as a result of a cancellation by the taxpayer of an agreement to purchase a building were capital expenditures, Paris J. rejected a submission that they should not be considered to have been incurred in connection with a source of business. ...

La Reine, 2007 DTC 1534, 2007 TCC 461 (Informal Procedure)-- summary under Paragraph 4(1)(a) Summary Under Tax Topics- Income Tax Act- Section 4- Subsection 4(1)- Paragraph 4(1)(a) Before going on to find that legal fees incurred as a result of a cancellation by the taxpayer of an agreement to purchase a building were capital expenditures, Paris J. rejected a submission that they should not be considered to have been incurred in connection with a source of business. ...

In finding that the foreign exchange loss sustained by the taxpayer when he repaid the borrowing was a capital loss, Brule J indicated that the character of the loss as arising in connection with the taxpayer's trading business was not affected by the capital nature of the rental property. ...

The Queen, 2010 DTC 1203 [at at 3526], 2010 TCC 307 (Informal Procedure)-- summary under Subsection 18(12) Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(12) electronic repair, and hydro pole inspection, businesses were separate The repairing by the taxpayer of electronic appliances primarily at his home was found to be a separate business from his contract for BC Hydro of inspecting hydro electric poles and pole structures, given that there was essentially no connection between the two operations other than that they were both performed by him with his home as a base of operations. ...

The Queen, 94 DTC 1964, [1994] 2 CTC 2439 (TCC)-- summary under Section 68 Summary Under Tax Topics- Income Tax Act- Section 68 All the proceeds received by the taxpayer in connection with the sale of his land to TransCanada Pipelines Limited ("TCP") were to be characterized in that manner notwithstanding that prior to reaching an agreement for the sale, the taxpayer had sought TCP's agreement to instead pay him business interruption compensation in respect of TCP's plan to run gas pipelines under the surface of his property (rather than purchasing his land). ...

Accordingly, the $1.25 million was not incurred in connection with or incidental to or arising from a borrowing. ...

Salomon and Company Limited, [1897] AC 22 that a corporation is regarded in law as a legal entity with the personality of its own and it is quite distinct from its shareholders" (p. 1592), Christie ACJ found (at p. 1596) "that a person who acquires a share in a corporation does not thereby acquire an interest in land that is an asset of the corporation", and accordingly refused to extend the principle in the Fraser case to find that loans made to a real estate company by its shareholder had the same character as if they had been incurred in connection with the business of that company. ...

The Queen, 2016 TCC 172, aff'd 2018 FCA 124-- summary under Paragraph 20(1)(e) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(e) failure to advance evidence showing allocation of fees to share consideration The taxpayer (“Alcan”) incurred various investment dealer, legal and other fees in connection with its successful hostile bid for most of the shares of a French public company in consideration for cash and Alcan shares. ...