Search - consideration

In view of the conclusion I have reached on the issue of consideration, it is not necessary for me to deal with the appellant ’ s first two grounds of appeal. ... The consideration stated on the deed was $220,000. It appears that he instructed a solicitor to prepare and register the transfer without telling the appellant. ... The real issue in the case is whether there was adequate consideration for the transfer ...

The consideration of $29,330.09 was the total of the cash surrender values of the policies at the date of the transfer. ... The consideration was again $29,330.09 and that amount was credited to Mrs Whittall on the company’s books. ... Similarly I do not think it possible to say that these transfers, made in consideration of a valid and enforceable note, were not made for a good consideration simply because payments were forgiven in later years. ...

This was perceived as a determination to be approached from the point of view of the vendor rather than the purchaser as it is consideration for disposition, not consideration for acquisition, that the section specifies.   18.               ... Whereas s. 20(6)(g) applied in circumstances where an amount received by a taxpayer could reasonably be regarded as being in part consideration for the disposition of depreciable property and in part consideration for the disposition of something other than depreciable property, s. 68 applied only "in circumstances where an amount received by a taxpayer can reasonably be regarded as being in part the consideration for the disposition of any property and as being in part consideration for something else other than any property " (emphasis in the original). ... Estey J. said at p. 332:   In the opening portions of rule (g), provision is made for the allocation of so much of the consideration as can reasonably be regarded as being in part the consideration for the disposition of depreciable property and for the allocation otherwise of that part of the consideration which can be reasonably regarded as having been paid for "something else". ...

there must be no or inadequate consideration flowing from the transfer to the transferor ... Yates had provided consideration at fair market value and, in my view, on the record before him, it is clear that the appellant did not provide such consideration. ... Yates to her without adequate consideration, pursuant to subsection 160(1). ...

If no consideration is payable (actual or deemed), then no tax is payable under section 165. ... The reimbursement constitutes the consideration for the supply. [42]         The reimbursement or charge-back may also be part of the consideration for the supply of various services and property. ... What was the consideration for the supply by Roberge to the lease operators? ...

Warren consideration equal to the fair market value of such interest in the property? ... Warren must be spouses;   (iii)             There must be no consideration (or inadequate consideration) flowing from Mrs. ... Warren as consideration for the Manotick property. As already indicated, the Transfer does not recognize the $168,000 as part of the consideration. ...

Under paragraph 3(2)(c)(ii) of the Act, whether or not an employment relationship is deemed to be at arm's length requires the Minister to have regard to all considerations of the employment including specified considerations. [2]                 The Tax Court Judge found that the Minister did not consider the importance of the work performed, the skill of the workers and funding problems of the employer. On this basis he concluded that the Minister did not have regard to relevant considerations and that therefore the Minister's discretion was not exercised according to law. [3]                 On this application for judicial review, the Minister says that he did take into account the matters referred to by the Tax Court Judge. ... While we might have come to a different factual conclusion than the Tax Court Judge, on the material before us, we are not prepared to say that he made a palpable and overriding error of fact in deciding that the Minister did not take into account considerations that were relevant. [4]                 The Tax Court Judge then went on to consider the evidence before him and concluded that had the parties been at arm's length it is reasonable to conclude that they would have entered into substantially similar contracts of employment. ...

The adjusted cost base was determined by the Crown as being $91,511.81, after taking into consideration certain expenses incurred by the appellant for the purpose of sale, such figure being $6,255. ... There is nothing in the Income Tax Act relating to capital gain or anything else whereby inflationary factors are taken into consideration when the Minister makes an assessment under this statute. ... Consequently, I would have no jurisdiction ordinarily to deal with the matter but in finding, as I have, that the inflationary factor cannot be taken into consideration by the respondent when reaching an assessment of a so-called capital gain, it is not incumbent upon me to make a ruling that I have no jurisdiction, although having found as I have, it would in all effect amount to the same thing. ...

On the meaning of consideration” reference was made to the Tax Review Board case of Mauger Estate v. ... It is only in subsection 194(4) that the word "consideration" is used in the clause "the amount of the consideration for which it was issued or granted". There is no qualification of the word "consideration" such as "cash" or “monetary” consideration. ...

The fair market value of the consideration received was $1,175,000. [23] Conclusion – The Sunnybrook property [22] With respect to the Sunnybrook transaction the Respondent contends that the payment of the $374,500 was part of the proceeds (cash consideration received by the Holbrook Manor (as trustee for the Joint Venture) on the transfer of its interest in the Sunnybrook property to the Sunnybrook LP) and therefore, is subject to tax. ... He submitted that: "The case law only requires a withdrawal of capital to form part of the consideration paid in respect of a rollover in very limited circumstances. ... The only logical conclusion is that this amount was paid in consideration for the transfer of the 90 Eglinton property. ...