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In consideration of the fact that the lawyer is receiving fees, no deduction for purposes of income tax, pension plans, health insurance or other will be made by the firm, and the lawyer will be personally responsible for making any payments required by the government authorities under this head. ... Failing evidence to the contrary, this exhibit constitutes a contract by which the law firm retains the services of the appellant and the appellant agrees to provide his services exclusively in consideration of a given percentage of the gross billings of the firm. ...

We understand that as partial consideration for acquiring the right, title and interest in the Property, MPIM must pay $100,000 upon the execution and delivery of the contract of purchase and sale of the Property between MPIM and Columbia Pictures. In consideration of each of us receiving 1% of the producer’s share in the profits of the motion picture to be produced based upon the Property we each agree to execute a promissory note with the Canadian Imperial Bank of Commerce in the principal amount of $100,000 to be used for the purpose of acquiring the rights, title and interest in the Property. ...

The investor desires to advance to the Producer the sum of Two Hundred Thousand ($200,000) Dollars in consideration of receiving Five (5%) per cent of all net proceeds from the presentation in the Dominion of Canada aforesaid during the term hereof. ... A second agreement was entered into whereby the consideration for the advancement of funds to the producer of $210,000 which was originally 5% of the net proceeds from the presentations in Canada of the Toller Cranston and The Ice Show was changed to “net” to “gross” proceeds. ...

(i) property transferred to or acquired by a purchaser or transferee under the terms of an agreement made by the deceased at any time providing for the transfer or acquisition of such property on or after his death, to the extent that the value of such property exceeds the value of the consideration, if any, in money or money’s worth paid to the deceased thereunder at any time prior to his death; These types of transactions or agreements are equivalent to testamentary dispositions and therefore the amount received by the decedent’s estate under the agreement is included as part of his estate. ... When A dies the farm is valued at $75,000; therefore, by s 3(1)(i) the $75,000 less the consideration paid of $5,000 is taxable, namely $70,000. ...

The context of the appeal is evident from the pleadings filed by the appellant: — In 1977 Fambeau Limited sold the properties for a total consideration of $622,750. — The company estimated that the aggregate value of these properties as at December 31, 1971 was $650,000. ... Mr Reimer says he relied mostly on that and with some consideration being given to Sale No 6. ...

In March, 1977, Vernon Boles sold 106.272 acres of land being part of the 150 acres referred to in paragraph 1, without buildings, for a consideration of $1,200 per acre for a gross consideration of $127,526.40. ...

It appears obvious to me that not one of these indications is a determining factor in itself and that the question whether the affair at hand was a commercial transaction would best be answered through a consideration of all the data viewed as a whole. ... There can be no doubt that the courts give very serious consideration to the reasons that lead to the acceptance of even an unsolicited offer. ...

To so construe them is to put a narrow and technical construction upon the precise words used in paragraph (d), without taking into consideration the meaning and intent of the statute as a whole. ... That construction of the Act would involve the exclusion from our consideration of clause (d) of s 87, which, in our opinion, was introduced to remove any doubt that the statute was intended to apply to a case such as that at bar. ...

They read as follows: 56. (1) Without restricting the generality of section 3, there shall be included in computing the income of a taxpayer for a taxation year, (h) amounts in respect of a registered retirement savings plan required by section 146 to be included in computing the taxpayer’s income for the year; 110.1(1) For the purpose of computing the taxable income for a taxation year of an individual (other than a trust that is not a testamentary trust within the meaning assigned by paragraph 108(1)(i)), there may be deducted from his income for the year an amount equal to the lesser of (a) $1,000, and (b) the aggregate of (i) the amount of interest included in computing the taxpayer’s income for the year, and (11) the taxpayer’s grossed-up dividends for the year. 146. (1) In this section (a) “annuitant” means an individual referred to in subparagraph (j)(i) or (ii) to whom, under a retirement savings plan, any annuity for life is agreed to be paid or is to be provided; (c) “earned income” means the aggregate of (i) salary or wages, Superannuation or pension benefits, retiring allowances, death benefits, royalties in respect of a work or invention of which the taxpayer was the author or inventor, amounts included in computing the income of the taxpayer by virtue of paragraph 56(1)(b) or (c), amounts received by the taxpayer from a trustee under a supplementary unemployment benefit plan, amounts included in computing the income of the taxpayer by virtue of this section and amounts included in computing the income of the taxpayer by virtue of subsections 146.2(6) and 147(10) and (15), (ii) income from the carrying of a business either alone or as a partner actively engaged in the business, (iii) rental income from real property, and (iv) amounts deductible under paragraph 8(1)(l) or (m) in computing the income of the taxpayer, minus (v) losses from the carrying on of a business either alone or as a partner actively engaged in the business, (vi) losses from the rental of real property, and (vii) amounts deductible under paragraphs 60(j) or (m) or under subsection (6) or (7) in computing the income of the taxpayer; (i) “registered retirement savings plan’’ means a retirement savings plan accepted by the Minister for registration for the purposes of this Act as complying with the requirements of this section; and (j) “retirement savings plan” means (i) a contract between an individual and a person licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada an annuities business, under which, in consideration of payment by the individual of any periodic or other amount as consideration under the contract, that person agrees to pay to the individual, commencing at maturity, an annuity for life, or (ii) an arrangement under which payment is made by an individual (A) in trust to a corporation, licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee, or any periodic or other amount as a contribution under the trust, or (B) to a corporation approved by the Governor in Council for the purposes of this section that is licensed or otherwise authorized under the laws of Canada or a province to issue investment contracts providing for the payment to or to the credit of the holder thereof of a fixed or determinable amount at maturity, of any periodic or other amount as a contribution under any such contract between the individual and that corporation, to be used, invested or otherwise applied by that corporation resident in Canada or that investment corporation, as the case may be, for the purpose of providing to the individual, commencing at maturity, an annuity for life. (5) There may be deducted in computing the income for a taxation year of a taxpayer who is an annuitant under a registered retirement savings plan or becomes, within 60 days after the end of the taxation year, an annuitant thereunder, the aggregate of all amounts each of which is the amount of any premium paid by the taxpayer under the plan during the taxation year or within 60 days after the end of the taxation year (to the extent that it was not deducted in computing his income for a previous taxation year), not exceeding however the amount, if any, by which (a) where the taxpayer was employed in the year and as a consequence thereof was a person who is or may become entitled to benefits under a pension fund or plan that provides for payment of a pension to him payable in whole or in part out of contributions made or to be made to the fund or plan or out of or in respect of amounts credited or to be credited in lieu of such contributions by a person other than the taxpayer in respect of the taxpayer’s employment in that year, an amount that, when added to the amount, if any, deductible under paragraph 8(1)(m) in computing the income of the taxpayer for that year, does not exceed the lesser of $3,500 and 20% of his earned income for that taxation year, or (b) in any other case, the lesser of $5,500 and 20% of his earned income for that taxation year exceeds the amount, if any, deductible under subsection (6) in computing his income for that taxation year. 153. (1) Every person paying (j) a payment out of under a registered retirement savings plan or a plan referred to in subsection 146(12) as an “amended plan”, or at any time in a taxation year shall deduct or withhold therefrom such amount as may be prescribed and shall, at such time as may be prescribed, remit that amount to the Receiver General of Canada on account of the payee’s tax for the year under this Part. 164(3) Where an amount in respect of an overpayment is refunded, or applied under this section on other liability, interest at a prescribed rate per annum shall be paid or applied thereon for the period commencing with the latest of (a) the day when the overpayment arose, (b) the day on or before which the return of the income in respect of which the tax was paid was required to be filed, and (c) the day when the return of income was actually filed, and ending with the day of refunding or application aforesaid, unless the amount of the interest so calculated is less than $1, in which event no interest shall be paid or applied under this subsection. 4.02 Analysis 4.02.1 Interest of $730 Is the amount of $730, which is the part of interest for $11,390.29 actually received by the appellant as “annuitant” of RRSP, subject to interest income deduction of section 110.1? ...

Background In April 1971, the appellant purchased the subject property, namely an 105-acre farm being lots 13 and 14, Concession 8, Zone Township, in the Province of Ontario, known municipally as RR # 1, Bothwell, for a consideration of $10,000. ... On April 30,1975, the appellant disposed of said property for a consideration of $45,000. ...