Search - consideration

Taxable supply for a consideration or amount of the debts [48]         As mentioned by Mr. ... All or a part of the total of the consideration AND tax payable in respect of the supply has become a bad debt [57]         Another condition provided for in subsection 231(1) of the Act that is at issue is whether all or a part of the total of the consideration and tax payable in respect of the supply has become a bad debt. [58]         This issue has been repeatedly addressed by the case law. [59]         In Rich v. ... If future considerations are only speculative, they would not be material in an assessment of whether a past due debt is collectible. [15] Nor is it necessary for a creditor to exhaust all possible recourses of collection. ...

It also led to the conclusion that medical considerations were not relevant for the years 1983 to 1987 as there are no debts for these taxation years. ... (Tribunal Record, pages 4-5, T-411-02)    As the January 10, 2002 summary has been taken into consideration by the acting director, to me, that means that all the information available at the time has indeed been taken into consideration by the decision maker in the January 28, 2002 decision. [40]            Nevertheless, the consequence is this: because errors of fact were clearly identified above, those errors should not only be considered for the June 12, 2001 decision, but also for the January 28, 2002 decision. [41]            Regarding the medical considerations, the Applicant individual has provided evidence in a form of a letter by Dr. ... The medical history of the Applicant individual, throughout the evidence provided by the doctor and by the Applicant individual himself, shows serious medical conditions. [45]            When one looks at the decision at issue, one realizes that the acting director has given very little consideration to the said medical considerations. [46]            The Applicant individual has also mentioned that his second wife underwent cancer treatment in 1996. ...

Based on the Condominium Act, the wording of the purchase agreements, and other policy considerations, the judge concluded that the self-supply rules did not apply. ... Under that section, however, if the fair market value of the home and the land is not more than $374,500, the rebate will be only 2.34% of the total consideration paid for the home. ... For example, only one sum is paid for the assignment of the lease, and none of the sales contracts separated the consideration paid for the land and the buildings. ...

As noted above, the policy consideration underlying this aspect of the Delegate’s analysis has received appellate approval in Lanno. ... However, in my view, this argument asks the Court to disagree with the Delegate’s conclusion on the application of a relevant policy consideration, which is not the Court’s role on judicial review. ... Therefore, the applicable policy, 75-7R3, provides in paragraph 4 for a positive exercise of the ministerial discretion under s 152(4) if (among other considerations) the previous assessment was wrong. ...

Ylanan’s appeal; namely, whether taking into consideration the best interests of any children involved, sufficient H&C considerations existed to warrant special relief. ... Ylanan’s case warrant special relief based on H&C considerations. ... No question is certified for consideration by the Federal Court of Appeal. ...

It was paid as an entire sum for a specified consideration. The consideration was the imparting of information and technical data, all of which may be summed up in the new and expressive word “know-how”. ... In the instant case, there is no apportionment of the amount received as consideration by plaintiff. ... A sum received in consideration of the grant of the right to use a patent, whether user does or does not take place, is surely just as capable of being an income receipt as a sum received in consideration of the grant of the right to use any other kind of property, for example, a motor-car. ...

After due consideration, I have reached the conclusion that the decision of the trial judge to reject those two arguments was right and that I could not add anything useful to the reasons that he gave to support it. ... The sale was in consideration of a drilling commitment and provided, in the event of success, for the equal division of the net proceeds of production between the syndicate and the plaintiff. ... There were some minor differences in the provisions of the leases, but those of Lease No 8 were apparently accepted by the parties and the Court as satisfactory for the consideration of issues arising in this case. ...

The shareholders paid no consideration for the shares issued to them. ... Diamond the consideration therefor being $15,000. The option expired on May 1, 1957 without being exercised. ... An extension of that option was granted by the appellant to May 30, 1960 for a consideration of $5,000. ...

Second, in respect of the Assessments, the Appellants submit, recognizing the long line of authority that what the nature of consideration is, that it may be time to revisit whether or not the taxpayers were ceded dividends in the absence of the payment of any salary, was a consideration that was a gratuitous transfer. [9] The Respondent argues that the Minister correctly assessed the Appellants pursuant to section 160 ITA for $245,398. ... The Appellants gave no consideration to the Corporation in exchange for the dividends. ... Cash dividend is a transfer of property without consideration for purposes of section 160 ITA. [4] Section 251 ITA states that related persons shall be deemed not to deal with each other at arm’s length. ...

Including a net amount within the computation of consideration would distort fundamental concepts of accounting.  ... Although, as PDC has pointed out, “consideration” is generally a gross concept, in the context of the definition of “proceeds”, “all consideration from hedging” must necessarily refer to a net concept.  Any distortion to the ordinary commercial use of “consideration” is inherent in the Mining Tax Act itself.  ...