Search - consideration

Canada, 2004 FCA 403, the respondent argues that the CRA's actions and conduct during an audit should not be taken into consideration on appeal ... However, for there to be a source of income, there must be business considerations, otherwise the activity cannot be [translation] "clearly commercial in nature". ... Even if tax considerations were a prime motivation for his acquiring the franchise, they do not result in the appellant's business venture not existing.   ...

There is no reference to consideration of the application of GAAR in these correspondences. ... The first consideration is whether there was a series that resulted in a tax benefit.   ... Again, I do not accept the Appellant’s view there was no FAPI consideration. ...

The super priority therefore prevailed by virtue of federal paramountcy (para. 60). [28]                          There are also practical considerations that explain why supervising judges must have the discretion to order other charges with priority over deemed trusts. ... A further example of where different considerations may be in play is in so‑called liquidating CCAA proceedings. ... There are three “baseline considerations”: (1) the order sought must be appropriate; (2) the applicant must be acting in good faith; and (3) the applicant must demonstrate due diligence (Century Services, at para. 70; 9354-9186 Québec inc., at para. 49). ...

Cases like the present involve difficult factual and legal considerations. ... It would be equally unacceptable to permit the Minister to disallow the deduction for losses at the beginning of a business’s activities on the assumption that there was no reasonable expectation of profit, and then, after the business succeeded, to demand part of the profit as taxes by saying to the taxpayer “The fact that you lost money when you began the business proves that you did not have a reasonable expectation of profit, but as soon as you earn some money, it proves that you now have such an expectation. [47] These considerations apply equally to a rental operation. ... In light of all these considerations, I cannot conclude that the property was purchased for any motive except to make profit. ...

On December 5, 2000, the Appellant sold 33,025,966 common shares, namely, all of the shares in PII that it held, to 3715965 Canada Inc. for consideration equal to the fair market value of those shares, thereby creating a capital loss of $15,941,608 (adjusted cost base of $68,783,154 minus the proceeds of disposition of $52,841,546). The consideration received by the Appellant was 33,025,966 common shares of 3715965 Canada Inc.   ... Broad considerations of statutory purpose should not be allowed to displace the specific language used by Parliament (Ludco, at paras. 38-39).   27        The Court recently reasserted the key principles governing the interpretation of tax statutes — although in the context of the “general anti-avoidance rule”, or “GAAR” — in its judgments in Canada Trustco Mortgage Co. v. ...

He said that this approach results in greater certainty and predictability, which the Supreme Court has underlined as important considerations in the interpretation of fiscal legislation. ... I therefore think that the market price, in a case like that under consideration, where it is shown to have been consistent, determines the fair market value of the shares. ... Therefore, a study of the highest and best use is unnecessary for the purpose of this report. [73]    The failure to identify land use controls as they affected Branksome Hall parking warrants greater consideration. ...

Nowhere in the letter is there any discussion or consideration of an income earning purpose to the proposed acquisition of the shares by Ms. ... Swirsky assumed the remaining outstanding Mutual Trust debt of about $2.4 million but did not pay any other consideration for them. ... However, it seems that the obvious flaw in this plan would be that there would be no consideration given by Ms. ...

He informed the dean that he was entering his sixth year as department head and that this would be his final year in this position, since he intended, come September 1, 1995, to return to his strictly academic duties and resume his courses with students. [9]         For the purpose, as he put it, of "recharging his batteries" and "recycling himself" so as to be able to again provide courses of a high standard, and to update himself on recent developments in his area of research, he presented a sabbatical leave plan for the period from September 1, 1994 to August 31, 1995, in accordance with the procedure provided in the Collective Agreement. [10]       As required, he supplied a sabbatical leave plan that included the following features: restructuring of three undergraduate courses, development of a new formula and new content for a graduate level course, consolidation of the research focus of the electrometallurgy and corrosion research group, as well as consideration of new topics, work on ongoing students' theses and scientific and technical visits to various universities and research centres in Canada and abroad. ... Consequently, he did not give further consideration to the concept of "research". [31]       According to the Tax Court judge, for there to be a "grant", the funds to be granted must be granted following a process in which the payer is free to either make or refuse the grant. ... " The new topics that, as the appellant put it, fit nicely within the research projects currently under way were of two types: cathodic protection and environmental considerations in extractive metallurgy. [49]       Later, under the heading "Scientific and technical visits", the appellant indicated why he intended to visit certain universities, research centres and plants during the course of his sabbatical year. ...

Speaker, the basic objectives of the measures before the House for its consideration this afternoon are twofold: they are to protect the millions of jobs that today depend directly and indirectly on maintaining the international competitiveness of our vitally important manufacturing and processing industries.... ... In Nowsco and Halliburton, both supra, Urie J.A., for the Court, adopted a passage from the reasons of Reed J. in Halliburton in which she rejected the meaning based upon the common law distinction, opting instead for one based upon a literal construction of the word sale, such that any transfer of property manufactured by a taxpayer to a customer for a consideration, regardless of the nature of the contract between them, would amount to a sale within the meaning of the legislation. ... Based on that statement, counsel submitted that, in respect of category (d) activities, the taxpayer did use its equipment to manufacture components which it then placed in the customer's machinery in substitution for defective components, for a consideration. ...

In making this determination the objects of the employer’s business and the nature of the activities that it is carrying on in a foreign country will be the major factors to be taken into consideration. ... That test requires a consideration and evaluation of all factors in order to determine whether, in reality, a corporation is of a true commercial nature. ... Gorill felt that his considerations relating to the costs under the contract were reasonably presented. ...