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MNR, 90 DTC 1068, [1990] 1 CTC 2171 (TCC)-- summary under Subparagraph 40(2)(g)(ii) Summary Under Tax Topics- Income Tax Act- Section 40- Subsection 40(2)- Paragraph 40(2)(g)- Subparagraph 40(2)(g)(ii) At the time that the taxpayer guaranteed amounts owing by a corporation of which her husband was the shareholder and officer, "she was not motivated by any benefit she might herself receive", and instead "family considerations played a key role". ...

The Queen, 2009 DTC 4, 2008 TCC 601 (Informal Procedure)-- summary under Subsection 116(1) Summary Under Tax Topics- Income Tax Act- Section 116- Subsection 116(1) The endorsement to the taxpayer by her son of cheques from a disability insurer followed by her cashing those cheques and giving the cash to her son represented transfers for consideration, based on a finding that she intended to and obliged herself to bring the cash from the cashed cheques promptly back to her son. ...

The Queen, 2016 TCC 156 (Informal Procedure)-- summary under Subsection 169(1) Summary Under Tax Topics- Excise Tax Act- Section 169- Subsection 169(1) no business of assuming litigation A group of four corporations and their ultimate individual shareholder were unsuccessful in generating input tax credits for GST/HST on legal fees by assigning the rights to the proceeds of the actions to a fifth group company in consideration for that company assuming obligations for the legal fees. ...

The King, 2023 TCC 173 (Informal Procedure)-- summary under Subsection 128(1) Summary Under Tax Topics- Excise Tax Act- Section 128- Subsection 128(1) controlling shareholder of a corporate closely-related group must itself be a corporation Jorré J found that three corporations were ineligible to make the s. 156(2) nil consideration election because they were not “closely related,” i.e., their mutual shareholder was an individual rather than a corporation. ...

The Queen, 2009 DTC 1880, 2009 TCC 351-- summary under Income-Producing Purpose Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Income-Producing Purpose Management fees paid by the taxpayer to an affiliated company which had non-capital losses were non-deductible by it given that the only evidence of services provided in consideration for the management fees was of services provided by the indirect sole shareholder of the two corporations, who had already been fully paid for his services by the taxpayer. ...

Subsidies which she received from the Province of New Brunswick to cover part of the costs of care for residents did not qualify as social assistance payments under s. 81(1)(h) given that they represented consideration for services provided by her in the course of her business of providing long-term care services. ...

S.140 did not apply to the appellant given that it did not issue shares in consideration for the capital contributions nor was there any evidence that payment of the capital contributions by the shareholders was a condition of the shareholders obtaining membership in the taxpayer (they already were shareholders). ...

The Queen, 93 DTC 965, [1993] 2 CTC 2658 (TCC)-- summary under Subsection 244(14) Summary Under Tax Topics- Income Tax Act- Section 244- Subsection 244(14) The assumption by another corporation ("Polar Oils") of the obligation of the taxpayer to pay $119,658 in consideration for the taxpayer's agreement to pay four cents per litre more for diesel fuel purchased by it from Polar Oils until the total overpayments amounted to $119,658, constituted an inducement under s. 12(1)(x). ...

The Queen, 2009 DTC 912, 2009 TCC 295-- summary under Payment & Receipt Summary Under Tax Topics- General Concepts- Payment & Receipt no evidence of payment through off-settable cash Promissory notes owing by the taxpayers, which were consideration for their acquisition of units of a limited partnership, provided that the interest thereon was to be paid by way of set-off against distributions otherwise payable by the partnership to the taxpayers. ...

Bocock J found that the deposits were a transfer for the purposes of s. 160(1), and that the undertaking and understanding that the taxpayer would not access the deposited funds did not represent valuable consideration: "her mere moral obligation not to access the funds does not create a recognizable legal prohibition from doing so" (para. 13). ...