Search - consideration

Purpose, while it may involve a subjective element, must be largely determined on the basis of objective considerations. ...

Purpose, while it may involve a subjective element, must be largely determined on the basis of objective considerations. ...

The Queen, 97 DTC 684, [1997] 1 CTC 2256 (TCC)-- summary under Evidence Summary Under Tax Topics- General Concepts- Evidence Dussault TCJ. found that it was not relevant to the status of the individual advanced as an expert by the Crown that he was licensed as a professional engineer in Ontario rather than Quebec (stating at p. 485 that "it is knowledge and expertise in a field that count, not the manner in which that knowledge and expertise have been acquired") but went on to find that because the individual had not followed high technology developments in telephony, which was the particular field under consideration, he could not be qualified as an expert. ...

.-- summary under Drafting Style Summary Under Tax Topics- Statutory Interpretation- Drafting Style Crown counsel argued that because s. 66.1(6)(a) specifically referred to a right to shares in addition to shares, it could be inferred that the absence of similar language in the opening words of s. 85(1) implied that the reference therein to share consideration did not include a right to receive shares. ...

The Queen, 97 DTC 808, [1997] 1 CTC 2092 (TCC)-- summary under Paragraph 1102(1)(c) Summary Under Tax Topics- Income Tax Regulations- Regulation 1102- Subsection 1102(1)- Paragraph 1102(1)(c) A residential property that the taxpayer received as partial consideration for the sale by it of substantially all its properties and that it rented out for a brief period before selling it, was found not to have been acquired for the purpose of gaining or producing income given the lack of real estate experience of its principal, the reason for receiving the property, and the low rents received on the property. ...

The Queen, 2009 DTC 731, 2009 TCC 205 (Informal Procedure)-- summary under Subsection 5(1) Summary Under Tax Topics- Income Tax Act- Section 5- Subsection 5(1) Before going on to apply the four-fold test in the Sagaz Industries case to find that the taxpayer, who was responsible for overseeing the marketing and packaging processes of a corporation in the sugar industry in consideration for a fixed monthly fee, was an independent contractor, Sheridan, J. stated (at para. 9) that "it is not unusual for a consultant to be paid a fixed monthly fee for his services". ...

Bocock J. found that the taxpayer's claim that he had paid consideration in the form of loans to his father and related persons was dubious. ...

Although article 2098 of the Civil Code of Lower Canada provided that "in default of such registration, the title of conveyance cannot be invoked against any third party who has purchased the same property from the same vendor for a valuable consideration and whose title is registered", it was clear that the Minister is not a third party within the meaning of this article. ...

MNR, 92 DTC 1472, [1992] 1 CTC 2332 (TCC)-- summary under Small Business Corporation Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Small Business Corporation A promissory note held by the subsidiary of a holding company, which had been received as consideration for the disposition of its business assets, was not itself a business asset. ...

Accordingly, the dividends were paid for valuable consideration, with the result that s. 160(1) did not apply. ...