Search - consideration
Results 6171 - 6180 of 11337 for consideration
FCTD
Labrador Offshore Shipping Company v. Her Majesty the Queen, [1990] 1 CTC 134
By the act of leasing the owner or lessor parts with the use or the right to use the property or equipment under consideration. ... The lessor gives the right to use the vessel to the lessee in consideration for the rent to be paid to the lessor by the lessee. ...
TCC
Henry R. Loewen v. Minister of National Revenue, [1990] 1 CTC 2133, 90 DTC 1009
Amongst other considerations, it will be recalled that the agreement of July 16, 1984 obligated Dynaflex to designate the full amount of the purchase price of debenture of $200,000 for the purposes of subsection 194(4) of the Act and to file a prescribed form and a prescribed return in order to enable the appellant to be entitled to the scientific research and experimental development tax credit. ... A consideration of the transactions now under review leads me to the opinion that they were in no way characteristic of, nor did they possess, the ordinary features of the trade of share dealing. ...
TCC
Lucien Houle v. Minister of National Revenue, [1990] 1 CTC 2398, 90 DTC 1247
This lease agreement is entered into in consideration of the total sum of $140,000 which the lessee undertakes to pay to the lessor at its office as follows: (1) for the next 4 months, equal consecutive monthly payment of $10,000 each, payable in advance, on the 1st day of each month; (2) for the following 32 months, equal consecutive monthly payments of $2,000 principal plus an amount representing interest calculated at the rate of 12% per year, which interest shall be calculated according to the bank repayment method based on a declining monthly balance as set out in appendix II. ... For the purposes of this Act, (a) a taxpayer's taxable capital gain for a taxation year from the disposition of any property is /2 of his capital gain for the year from the disposition of that property; (b) a taxpayer's allowable capital loss for a taxation year from the disposition of any property is '/2 of his capital loss for the year from the disposition of that property; and (c) a taxpayer's allowable business investment loss for a taxation year from the disposition of any property is /z of his business investment loss for the year from the disposition of that property. 39. (1) For the purposes of this Act, (c) a taxpayer's business investment loss for a taxation year from the disposition of any property is the amount, if any, by which his capital loss for the year from a disposition after 1977 (i) to which subsection 50(1) applies, or of any property that is (iv) a debt owing to the taxpayer by a small business corporation other than, where the taxpayer is a corporation, a debt owed to it by a small business corporation with which it does not deal at arm's length 40. (2) Notwithstanding subsection (1), (g) a taxpayer's loss, if any, from the disposition of a property, to the extent that it is (ii) a loss from the disposition of a debt or other right to receive an amount, unless the debt or right, as the case may be, was acquired by the taxpayer for the purpose of gaining or producing income from a business or property (other than exempt income) or as consideration for the disposition of capital property to a person with whom the taxpayer was dealing at arm's length, is nil; 50.(1) For the purposes of this subdivision, where (a) a debt owing to a taxpayer at the end of a taxation year (other than a debt owing to him in respect of the disposition of personal-use property) is established by him to have become a bad debt in the year, or the taxpayer shall be deemed to have disposed of the debt or the share, as the case may be, at the end of the year and to have reacquired it immediately thereafter at a cost equal to nil. 89.(1) In this subdivision, (f) "private corporation” at any particular time means a corporation that, at the particular time, was resident in Canada, was not a public corporation, and was not controlled, directly or indirectly, in any manner whatever, by one or more public corporations; and for greater certainty for the purposes of determining, at any particular time, when a corporation last became a private corporation, (i) a corporation that was a private corporation at the commencement of its 1972 taxation year and thereafter without interruption until the particular time shall be deemed to have last become a private corporation at the end of its 1971 taxation year; and (ii) a corporation incorporated after 1971 that was a private corporation at the time of its incorporation and thereafter without interruption until the particular time shall be deemed to have last become a private corporation immediately before the time of its incorporation; 4.02 Cases at law Counsel for the parties referred the Court to the following cases at law: 1. ...
TCC
Sydney Wolofsky, Peter Wolofsky and Kenneth Wolofsky v. Minister of National Revenue, [1990] 1 CTC 2470, 90 DTC 1345
At page 30 of the deed of sale, the clause respecting the price is as follows: PRICE: THE PRESENT SALE IS THUS MADE for and in consideration of the price or sum of TWO MILLION TWO HUNDRED NINETEEN THOUSAND SEVEN HUNDRED AND NINETEEN DOLLARS AND TWENTY CENTS ($2,219,719.20) on account and in deduction whereof the Vendors acknowledged to have received at the execution hereof the sum of THREE HUNDRED AND THIRTY THOUSAND TWO HUNDRED AND EIGHTY DOLLARS AND EIGHTY-ONE CENTS ($330,280.81) whereof quit for so much. ... " The clause respecting the price is found at page 30 which for the first parts reads as follows: The present sale is thus made for and in consideration of the price or sum of TWO MILLION THREE HUNDRED AND FORTY-FOUR THOUSAND, SEVEN HUNDRED AND NINETEEN DOLLARS AND TWENTY CENTS ($2,344,719.20) on account and in deduction whereof the Vendor acknowledges to have received from the Purchaser partly previous to and partly at the execution hereof the sum of FOUR HUNDRED AND FIFTY-FIVE THOUSAND, TWO HUNDRED AND EIGHTY DOLLARS AND EIGHTY-ONE CENTS ($455,250.81) and whereof quit for so much. ...
TCC
John Irwin v. Minister of National Revenue, [1989] 2 CTC 2115, 89 DTC 386
The consideration for the real estate was to be $542,000. On August 22, 1984 an order issued out of the Court of Queen's Bench in relation to the foreclosure proceedings that, inter alia, provides: 5. ... Lobsinger was to have received a commission in consideration of arranging the purchase price of the subject property from the Bank of Nova Scotia. ...
TCC
Estate of Alexander Boger v. Minister of National Revenue, [1989] 1 CTC 2110, 89 DTC 15
After meetings with the accountants and consideration of the concerns raised, the original estate solicitors recommended a change to solicitors who specialised in estate practice. ... After consideration of the matter and in view of the Federal Court's decision at trial level in Hillis et al. v. ...
FCTD
Shaw Estate v. Canada (Attorney General), 2021 FC 576
In her affidavit, the Applicant alleges that the CRA auditor told her that penalties are not normally assessed in situations such as hers. [23] The Applicant argues that if penalties are not usually assessed in situations like hers, they cannot now be applied without breaching the guarantee of consistent application. [24] Article 12 of the Taxpayers’ Bill of Rights guarantees a taxpayer the right to consideration of a request for waiver of interest and penalties when resulting from circumstances beyond the taxpayer’s control. [25] Finally, the Applicant alleges that the decision conflicts with the principles of natural justice and procedural fairness. ... Canada (Attorney General), 2010 FC 688, the Court commented on the fact that the decision maker in that case looked at previously quashed decisions with “appropriate caution” and reached an independent conclusion. [61] I see nothing in the record to rebut the presumption that the Delegate here performed her job appropriately and independently. [62] Again, there is no evidence that the Delegate was influenced by irrelevant considerations, including an alleged “need” to accommodate a superior. [63] The Applicant has failed to show a breach of procedural fairness. [64] In the result, this application for judicial review will be dismissed. ...
TCC
Grace I. Jasper v. Minister of National Revenue, [1988] 2 CTC 2219, 88 DTC 1580
The material portions of the first separation agreement (Exhibit A-1) effective as of July 1, 1980, state: And Whereas each of the Husband and the Wife desires to settle, by agreement, all rights, claims, demands and causes of action which each has or may have against the other with respect to any rights, either or each of them may have to alimony, maintenance or support from the other with respect to their property, both real and personal; Now Therefore This Agreement Witnesseth that in consideration of the premises and mutual covenants herein contained, the Husband and the Wife agree as follows: 5. ... A written amending agreement had been entered into dated June 23, 1983, the material portions being as follows: And Whereas an Agreement was entered into effective on the 1st day of July, A.D. 1980, in writing between the parties which Agreement was intended by the parties to settle amongst other things maintenance payments and other related matters as well as matrimonial property; And Whereas the Husband and Wife wish to make certain amendments to the Agreement effective the 1st day of July, A.D. 1980; Now Therefore This Agreement Witnesseth that in consideration of the premises, mutual covenants, promises, undertakings and agreements hereinafter contained, the Husband and Wife do mutually covenant, undertake and agree with each other as follows: (a) Paragraphs 5(c), 6(a) of the Agreement entered into between the parties on the 1st day of July, A.D. 1980, shall be deleted and the following provisions shall apply; 1(a). ...
TCC
Rosanna Fontaine v. Minister of National Revenue, [1988] 2 CTC 2294, 88 DTC 1656
A person who enters a contract to sell his goodwill does not regard an amount the purchaser promised to pay in part consideration of the purchase a year after the making of the contract an amount payable in the year of the making of the contract; the amount would be payable in the year when the due date arrived: The Queen v. ... There may be no consideration moving from him who benefits by the waiver. ...
TCC
257324 Ontario Limited v. Minister of National Revenue, [1988] 2 CTC 2300, 88 DTC 1670
In their testimonies both Kaman and Silverberg stated that the considerations they took into account as directors in fixing the amount of the bonuses to be paid at $80,000 were that both of them required funds to meet payments on the indebtedness incurred by them in acquiring the shares, the low level of their salaries at that time; the amount of time they and their wives were putting into the business, all of which was coupled with a belief that the corporate financial position was sound. ... Counsel argued that there was certainty as to the intention to pay and the intention that the amounts be paid was unencumbered by any other operating consideration such as the availability of funds. ...