Search - consideration

However different considerations are applicable under subsection 8(1) of the Income Tax Act. ... That being so it follows that the length of the term of the lease is not a material consideration in the present appeals. ... The appellant because of his prior association with Ford knew that a material consideration was the volume of sale of new cars. ...

He concluded that the assumption of the reforestation obligations was part of the consideration tendered for the forest tenure.  Here, it was evident that the assumption of the reforestation obligations was part of the consideration received based on DMI’s admission that “[i]f Tolko had not assumed the Appellant’s silviculture liability, the amount of cash or other consideration it would have paid the Appellant would have increased”: A.R., at p. 286. [16]                           According to Miller J., however, it was not appropriate to add the entire estimated cost of the reforestation obligations to DMI’s proceeds of disposition.  ...   [18]                           Nadon J.A. agreed with the Tax Court that a purchaser’s assumption of reforestation obligations amounts to consideration received by the vendor.   ...

The 100 shares then outstanding were issued from treasury for the consideration of $1,000 in total.   3.                 ... Eighty (80) of the newly authorized preference shares of the respondent were issued from treasury to Gasner and his wife for a total consideration of $80. ... It has been said that control for these purposes concerns itself with de jure and not de facto considerations (see Buckerfield’s Ltd., supra, at pp. 302‑03 and Dworkin, supra, at p. 227). ...

E Littler Sr (FCA), [1978] C.T.C. 235, 78 D.T.C. 6178 (“ Littler ”), that the Minister erred in concluding that the amount it paid to the Dekkers to acquire Vision Poultry’s shares was a gift rather than a consideration for the sale of the shares. I acknowledge that this Court has stated in Littler, at p. 239 (per Jackett C.J.), that a “contract of sale, which is, by definition, a transfer of property for a consideration, cannot be a gift ”. ... There was, therefore, a consideration given by the Dekkers in exchange for the purchase. ...

I turn to a consideration of the two cases in which the trial judge found the judgments of the Trial Division helpful. ... With this in mind, Mr Justice Clement examined the evidence in the light of pertinent authority and concluded at 241-42 [5188-89]: Having the foregoing considerations in mind, I return to the record. ... Essentially it has been based upon a consideration of whether the activity concerned is carried on for the purpose of earning a profit or for some other preponderant purpose. ...

But as I view the matter, somewhat different considerations must apply in the case of statutes relating to Indians. ... He argues that in this case, unlike Clarke, a consideration of these factors would point to a location for the employment income that is not on a reserve. ... Other considerations Both parties agreed that the place of payment of Ms. ...

—The statutory enactments under consideration are sections 3 and 5 of the Quebec Succession Duties Act. ... As regards [Page 678] the bonds of the Canadian National Railway, somewhat different considerations come into play. ... On the other hand, there are other considerations derived from the circumstances that are not without considerable weight. ...

  [38]            As part of his finding that there was no common mind and in his consideration of the second factor, namely whether the parties had separate interests, the Judge found that Frank’s interest was in solving his tax problem and the Foundation’s in not losing the amount of interest that would have had to be paid to the bank for purchasing the notes. ... This is not a weighty consideration either way.   [43]            Third, and more significant, since Sweet was potentially liable on its note, Darrell needed to be assured that FRM would be able to honour the notes which it had issued to Frank and which Sweet had purchased from the Foundation. ... In addition, the fact that selling the notes to the bank seems, but for the price involved, to have been the first option considered for solving Frank’s tax problem suggests that the retention of control of the funds was not the motivating consideration for the sale ...

The tax was assessed on a payment of US $40 million made as consideration for the anticipatory breach of an agreement under which rent would have been payable for the use in Canada of an offshore drilling rig. ... At least one formal offer was made, countered, and rejected. [16]            On December 21, 1998, an agreement entitled "Deed of Settlement and Release" was entered into which, among other things, released the co-venturers from their obligations under the Bareboat Charter and required the co-venturers to pay US $40 million to Transocean as full and final consideration for voluntary termination of the Bareboat Charter. ... Section 2 of the Deed of Settlement states that the US $40 million payment was made pursuant to the Deed of Settlement "in consideration for the voluntary termination of the Bareboat Charter" (clause 2). [37]            The evidence presented in the Tax Court consisted only of documents, including a statement of agreed facts. ...

In the respondent’s view, although a price tag was placed on the various assets acquired, the Asset Purchase Agreement clearly stated that the aggregate amount was the consideration for the transaction. ... The amount paid by the taxpayer to Anglo-Canadian under that agreement was considered by the majority of the court as being paid in consideration of the construction of the pipelines and not for the execution of the supply contracts per se. ... He did not pay this sum as the consideration for an assignment of the benefit of these contracts to himself; he took no assignment.”   ...