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The Queen, 93 DTC 965, [1993] 2 CTC 2658 (TCC)-- summary under Paragraph 12(1)(x) Summary Under Tax Topics- Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(x) inducement to purchase product for more was includible under s. 12(1)(x), or perhaps s. 9 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). ...

., 76 DTC 6010, [1976] CTC 24 (FCTD)-- summary under Paragraph 20(1)(n) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(n) The taxpayer, wished to sell land to the City of Calgary in consideration for two annual instalments in order to defer a portion of the gain to its second taxation year, but was informed that the City was precluded by statute from purchasing land over a period of years. ...

., 76 DTC 6010, [1976] CTC 24 (FCTD)-- summary under Subsection 246(1) Summary Under Tax Topics- Income Tax Act- Section 246- Subsection 246(1) The taxpayer, wished to sell land to the City of Calgary in consideration for two annual instalments in order to defer a portion of the gain to its second taxation year, but was informed that the City was precluded by statute from purchasing land over a period of years. ...

., 99 DTC 5121, [1999] 3 CTC 353 (FCA)-- 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) payments not made only pursuant to guarantee he taxpayer was unable to recognize a capital loss in respect of its guarantees of bank loans made to real estate partnerships in which fifth-tier U.S. subsidiaries were invested given that, in one case, it did not make the payments in question pursuant to its guarantee of the partnership's debts (but, instead, as a contribution of capital to the relevant fifth-tier subsidiary in order for that subsidiary to repay a portion of the guaranteed debt owing by the relevant partnership) and, in the other cases, it received valuable consideration for its waiver of rights to become subrogated as a result of making payments pursuant to its guarantees, namely, the agreement of a third party to purchase the subsidiaries in question. ...

Minister of National Revenue, 69 DTC 5361, [1969] CTC 558, [1970] S.C.R. 64-- summary under Subsection 84(2) Summary Under Tax Topics- Income Tax Act- Section 84- Subsection 84(2) application to de facto winding-up and discontinuance The taxpayers were shareholders of a company (the "old company") who effectively converted its assets to cash through a series of transactions: those assets were sold to a related company owned in essentially the same manner (the "new company") in consideration for a promissory note; the note was paid-off through bank borrowings of the new company; the old company used those cash proceeds to invest in preference shares of two unrelated companies (the "dividend-stripping companies"); and the taxpayers sold the shares of the old company to the dividend-stripping companies for a cash amount based on the old company's net asset value. ...

…[S]ection 168 provides that: Tax … is payable by the recipient on … the day the consideration for the supply becomes due. ...

Therefore, the word "advice" must be construed broadly, to include any discussions by a public servant about the range of alternative policy options, as well as any considerations to take into account by the decision maker (paras. 46-47). ...

.)-- summary under Nature of Income Summary Under Tax Topics- Income Tax Act- Section 9- Nature of Income amounts received were revenue notwithstanding on-payment obligation The taxpayer, which was the co-owner along with Dome Petroleum of the operating rights to certain mineral properties, agreed to pay a percentage of the net proceeds of production from the taxpayer's working interest to Dome Petroleum in consideration for Dome Petroleum's services as operator. ...

Martland J. found that because "in essence, the main purpose and the result of the litigation was to improve the consideration received for the disposition of a capital asset" (pp. 5263-5264), and in light of the proposition established by the Dominion Natural Gas case that a legal expense incurred to protect a taxpayer's title to a capital asset is a capital expenditure, that the taxpayer's legal expenses were incurred on capital account. ...

The Minister assumed that the taxpayers "in consideration for a charitable receipt from [the charity,] would pay 10% of the face value of the receipt amount, plus a commission, to her tax preparer. ...