Search - consideration

This covered 1,120.41 acres and was for a period of 99 years, the consideration for it being $1,120.41. ... The consideration for it was $13,000 of which the appellant’s share was $6,500, but in this alternative claim it claimed only $80.07, being $1 per acre. ... There were several questions under consideration before the Judicial Committee but I shall refer only to one. ...

. […] [22] In addition, the Judge correctly took the Act Respecting Health Services and Social Services, CQLR c S-4.2, into consideration. ... The following is an attempt to assimilate those tests into a comprehensive step-by-step test: (1) What was provided: Determine what goods and/or services the supplier provided for the consideration received (O.A. ... The Respondent argued that the payment was made for the consideration of the points issued by the airline (a taxable supply). ...

Pursuant to the agreement for sale the appellant, among other considerations, gave McCool a demand note for $123,097.34 bearing interest at 5 per cent per annum. ... What the vendor did was to sell his property, for the consideration, in addition to the shares of a price plus interest; that interest is part of the capital cost of the company.” ... For this and other reasons the Department has come to the conclusion that some consideration should be given to the taxpayers whose operations in any year have resulted in a loss, or where there is no taxable profit. ...

To the same effect are these statements by Lord Sands in the Whims ter case: i ‘ The consideration of how it would be prudent for a trader to act does not solve the question here presented to us as one of Revenue Law. ... Decisions as to whether to use Lifo, how to apply it, and even as to the industries in which the method constitutes acceptable accounting practice, have been dominated by tax considerations.” ... My consideration of the evidence in this matter leads me to the conclusion that, in a business operation such as this, the last-in-first-out method of inventory accounting determines what was the true income with greater accuracy than any other method which it was practical to apply. ...

Stapells, that the appeal should be allowed and the assessment referred back to the Minister with a direction to refer the appellant’s standard profits claim back to the Board of Referees for consideration under subsection 3 of Section 5. ... It is true that the appellant’s application was made generally under Section 5 of the Act, without any request for consideration under subsection 1. ... Only one of them requires consideration. There is no validity in the argument that the decision of the Board was a nullity because only two members were present at the hearing. ...

The Court in Herring stated “the operative time to calculate the amount of any benefit is at the time the alleged donations were made.” [13] In Crane, the Court articulated that “expectation of […] financial benefits vitiated any donative intent at the time of his alleged gift.” [14] [41] Based on the above, in assessing donative intent by the Appellants, I do take into consideration the various sham documents that the Appellants believed to be legitimate at the time of their cash contribution. ... An inflated receipt has no fair market value (citing Castro v R, 2015 FCA 225). [59] The Appellants further argue that s ubsection 248(30) should not apply to what is “intended” or “attempted” and only real consideration should be considered an advantage. ... An inflated tax credit used to induce a donation is a benefit or consideration not contemplated by the Act. ...

An agreement bearing date April 1, 1961 was entered into between Encyclopaedia Britannica of Canada Ltd. et al. and another wholly-owned company of the appellant called Educational Publications Limited, whereby the latter company was granted ‘‘the exclusive right, franchise and licence to distribute and sell’’ certain of the grantor’s publications in consideration of paying to the grantor an amount equal to 55 per cent of ‘‘net sales”. An agreement bearing the same date was entered into between Educational Publications Limited and Encyclopaedia Britannica Sales Limited whereby it assigned that franchise to Encyclopaedia Britannica Sales Limited in consideration of a promise by the latter company to pay the assignor one and one- half per cent of the sales. ... For example, as late as May 30, 1961, as appears from the solicitor’s letter of May 31, 1961, the appellant was being advised as to what amount should be put in the agreement as the consideration for the accounts receivable, and, in August, the solicitor submitted a draft of the agreement that differed, so far as material terms are concerned, from the agreement finally executed on October 4, 1961. ...

That circumstance does not, in my view, form the chief consideration in this case. ... I think it must be that the matter of pay is fixed by Parliament with relation to the various considerations present as to upkeep of the forces and that no outside authority can by taking a percentage reduce the measure so made of what should be the soldier’s or officer’s pay. ... In view of the considerations I have mentioned, it seems to me that officer’s ""pay” is here one of the incidents of status and that taxing an officer because of pay is infringing upon status. ...

The like considerations apply to sections 7 and 8 of the Statute of 1924 respecting the Revised Statutes. ... In accordance with the agreement inter partes, we confine our consideration of respondents’ liability to the year 19380. ... This argument requires the consideration of other matters. Schedule A to the Commissioners’ Roll already mentioned appears at the end of Volume IV of the Revised Statutes of 1927, and under the heading "1926'' in the three columns headed respectively 'Chap.,” ‘‘Title of Act’’ and "Extent of Repeal,’’ appear the following:— "10. ...

And probably it was on practical considerations that it was deemed undesirable to make any provision for appeals where a tax on sales of goods is imposed by reference to their value, and where the tax has so wide an application. ... I come now to a consideration of the provisions of the Special War Revenue Act relevant to the matter to be decided here. ... The phrase ‘‘fair price ” is a commercial term and not a legal term, and it involves a question of fact, into which many considerations may enter. ...