Search - consideration
Results 6761 - 6770 of 11361 for consideration
FCA
Hurd v. The Queen, 81 DTC 5140, [1981] CTC 209 (FCA)
While I find them persuasive, after the most careful consideration I have concluded, with regret, that I am unable to agree with them and, consequently, with his proposed disposition of the appeal. ... The option was granted “... in consideration of the optionee fulfilling the conditions...” set forth in the agreement. ...
TCC
Ferronnex Inc. and Quincaillerie Brassard Inc. v. Minister of National Revenue, 91 DTC 559, [1991] 1 CTC 2330 (TCC)
The condition precedent to the consideration of control in a group is that no single person has control. ...
SCC
Anderson Logging Co. v. The Queen, 52 DTC 1209, [1917-27] CTC 198 (SCC), aff'd 52 DTC 1215 (PC)
The appellant may adduce facts constituting a prima facie case which remains unanswered; but in considering whether this has been done it is important not to forget, if it be so, that the facts are, in a special degree if not exclusively, within the appellant’s cognizance; although this last is a consideration which, for obvious reasons, must not be pressed too far. ... Reverting to the contention already mentioned, that the transaction with which we are concerned being an isolated transaction it cannot be brought within the second alternative of Lord Dunedin’s test, this rule would have excluded from the scope of the tax the profits under consideration in the California Copper Syndicate’s Case, 5 T.C. 159, and in Beynon v. ...
FCA
Consolidated-Bathurst Ltd. v. The Queen, 87 DTC 5001, [1987] 1 CTC 55 (FCA)
Limited, as an “‘eligible person” therein defined, as follows: In consideration of the benefits to ST. ... These guarantees each read in part: IN CONSIDERATION of the (Bank) dealing with Overseas Insurance Corporation herein referred to as the Customer, the undersigned hereby guarantee(s) payment to said Bank of all present and future debts and liabilities direct or indirect or otherwise, now or at any time and from time to time hereafter due or owing to said Bank from or by the Customer, arising from a demand having been made under Letter of Credit.... ...
FCA
Toronto-Dominion Bank v. Canada, 2011 DTC 5125 [at at 6061], 2011 FCA 221, [2011] 6 CTC 19
Following the disposition, TD acquired shares in an Oxford affiliate for a consideration of nearly $38.5 million in cash. ... [54] The evidence also indicates that each of the other transactions contemplated by the dividend policy, and potentially comprising the series, was driven by independent, commercial considerations. ...
TCC
Sybron Canada Ltd. v. R., 99 DTC 878, [1999] 3 CTC 2695 (TCC)
The Appellant states that whether or not minimizing the disallowance of interest expense pursuant to subsection 18 (4) was a motivating factor in the choice of year ends is an irrelevant consideration. ... Moreover, the choice of September 30 as the year end on Holdco’s initial return and the choice of that same day by the Appellant for years after the period under consideration are irrelevant. ...
FCTD
The Queen v. Guaranteed Homes Ltd., 78 DTC 6510, [1978] CTC 636 (FCTD)
:in respect of (a) an outlay or expense except to the extent that it was made or incurred by the taxpayer for the purpose of gaining or producing income from the business.or property; (b) an outlay, loss or replacement of capital, a payment on account of capital or an allowance in respect of depreciation, obsolescence of depletion except as expressly permitted by this Part; 20. (1) Notwithstanding paragraphs 18(1)(a), (b) and (h), in computing a taxpayer’s income for a taxation year from a business or property, there may be deducted such of the following amounts as are wholly applicable to that source or such part of the following amounts as may reasonably be regarded as applicable thereto: (ee) an amount paid by the taxpayer in the year to a person (other than a person with whom he was not dealing at arm’s length) for the purpose of making a service connection to his place of business for the supply, by means of wires, pipes or conduits, of electricity, gas, telephone service, water or sewers supplied by such person, to the extent that the amount so paid was not paid (i) to acquire property of the taxpayer, or (ii) as Consideration for the goods or services for the supply of which the service connection was undertaken or made. ... Only one case involving consideration of the argument in point (b) was cited to me. ...
EC decision
Royal Trust Co. v. MNR, 57 DTC 1055, [1957] CTC 28 (Ex. Ct.)
The appeal involves consideration of Sections 12(1) (a) and 12(1) (b) of the Income Tax Act, S.C. 1948, e. 52, which provide as follows: “12. (1) In computing income, no deduction shall be made in respect of (a) an outlay or expense except to the extent that it was made or incurred by the taxpayer for the purpose of gaining or producing income from property or a business of the taxpayer, (b) an outlay, loss or replacement of capital, a payment on account of capital or an allowance in respect of depreciation, obsolescence or depletion except as expressly permitted by this Part,’’ The issue in the appeal is whether the payments made by the appellant constitute an outlay or expense made or incurred by it for the purpose of gaining or producing income from its business within the meaning of the exception expressed in Section 12(1) (a) of the Act and, therefore, outside its prohibition. ... On these uncontradicted facts I proceed to consideration of the principles to be applied. ...
EC decision
MNR v. Minden, 62 DTC 1044, [1962] CTC 79 (Ex Ct)
Minden as her agent, embarked upon and carried out ‘‘a scheme of profit making’’ within the meaning of the expression in the Californian Copper Syndicate case (supra) and that the profits realized by her from the transactions under consideration constituted in truth ‘‘a gain made in an operation of business in carrying out a scheme of profit making’’ and as such were profits from a business within the meaning of the sections of the Act to which I have referred and subject to income tax accordingly. ... On the evidence I find that the profits realized by the respondent from the transactions under consideration were profits from a business within the meaning of Sections 3 and 4 of the Acts referred to and, accordingly, subject to income tax. ...
FCTD
Don Fell Ltd. v. The Queen, 81 DTC 5282, [1981] CTC 363 (FCTD)
The ques- tion of fact as to what the partnership intention was on declaring the bonuses is one that must be decided upon a consideration of all of the evidence. ... That being so and bearing Lord Diplock’s admonition in mind consideration must be directed to how the bonus arrangement came into being, all circumstances surrounding how it came into effect, if it was carried out and if it was not, the circumstances why it was not carried out all in order to see if the particular transactions under review are properly described as “artificially” reducing income within the meaning of those words as used in the Subsections. ...