Search - consideration

Siconolfi had transferred property to the plaintiff for a consideration below its fair market value, when he owed a tax debt. ... The legislature assumes that the donor acted in consideration of the marriage, that he would not otherwise have made the gift. 266. ... In the contract under consideration there is no doubt that the defendant undertook to be a debtor in an irrevocable manner. ...

While it may be fair to assume that most taxpayers launch challenges to their income taxes seeking to pay less, the fact that the Applicant here has attempted to file returns to lower its taxes owing for the relevant years is not a determinative consideration regarding the question of jurisdiction. [27] Viewing the claim holistically and practically, and seeking a realistic appreciation of its essential character without fixating on matters of form (JP Morgan at para 50), the core of the Applicant’s complaint is that the Minister refused to examine its returns without an adequate explanation. ... The Respondent therefore seeks its costs in accordance with the mid-level of Column III of Tariff B, pursuant to Rule 407 of the Federal Court Rules, SOR/98-106. [60] Costs are in the discretion of the Court pursuant to Rule 400, which sets out a number of considerations, including the results achieved and the importance and complexity of the issues. ... While these may both be relevant considerations, their impact is reduced given the outcome of the proceeding. ...

However, it was also conceded that different considerations prevail for income tax purposes and only those expenditures permitted by the Act are deductible in determining the taxable income of the company. ... At page 102 [321,1225] Viscount Simonds further stated: It is the same consideration which makes it clear that the evidence of expert witnesses, that the LIFO method is a generally acceptable and in this case the most appropriate, method of accountancy, is not conclusive of the question the court has to decide. ... It must be answered having regard to the facts of the particular case and the weight which must be given to a particular circumstance must depend upon practical considerations. ...

On November 1, 1963, that is prior to the conclusion of its 1963 financial year, the appellant sold its 5.49% interest in the Sturgeon Hewitt Big Lake lease to Medallion Petroleums Limited for a consideration of $7,936 and its 33 1/3% interest in two Crown petroleum and gas leases to Murphy Oil Company, Limited and Ashland Oil and Refining Company Limited for a consideration of $1,000. ... On April 21, 1964 the appellant sold its 5% interest in the leases in legal subdivisions 5 and 6 to Scurry Rainbow Oil Limited for a consideration of $5,000. ... In my view there is no ambiguity or lack of clarity in the words used in subsection (8a) and therefore I ought not to enter upon a refined consideration of the question whether those words carry out the object of the statute. ...

Minister of National Revenue, [1973] CTC 518, 73 DTC 5409 Walsh, J:—This appeal relies on the application of subsection 83(3) of the old Income Tax Act, RSC 1952, c 148, which excludes from income: 83. (3) An amount that would otherwise be included in computing the income for a taxation year of a person who has, either under an arrangement with the prospector made before the prospecting, exploration or development work or as employer of the prospector, advanced money: for, or paid part or all of, the expenses of prospecting or exploring for. minerals or of developing a property for minerals, shall not be included in computing his income for the year if it is the consideration for (a) an interest in a mining property acquired under the arrangement under which he made the advance or paid the expenses, or, if the prospector was his employee, acquired by him through the employee’s efforts, or (b) shares of the capital stock of a corporation received by him in consideration for property described in paragraph (a) that he has disposed of to the corporation, unless it is an amount received by him in the year as or on account of a rent, royalty or similar payment. ... Sir Michael Butler, the attorney, admitted freely that he had set up the agreement with the provisions of section 83 in view and in order to avoid income tax assessment against the parties to it as a result of any profits realized on the eventual disposal of their shares in the stock of the corporation to be formed (Silverfields) which was issued to the parties to the agreement in consideration for the mining rights disposed of to the corporation. ... These claims were never registered in the name of appellant or any other members of the syndicate or of Goldfields as. attorney for the members of the syndicate, so it appears difficult to bring the assignment of them to Silverfields within the words of paragraph 83(3)(b) “shares of the capital stock of a corporation received by him in consideration for property described in paragraph (a) that he (ie, the appellant)* [1] has disposed of to the corporation”. ...

That in consideration of the accommodation extended by Robinson, the Robinson Company and C & T would pay to the appellant an amount equal to 3% per annum on the said $350,000 or any part remaining outstanding until paid in full, together with interest. 5. ... The plaintiffs in the actions in the Supreme Court of Ontario had an experienced and competent firm as their solicitors and much consideration must have been given to the matters involved. ... While at times in my consideration of this case I have been somewhat disposed to think that the appellant received the shares in trust, I have reached the conclusion that he received them in his personal capacity and on his own account and that the assessment made by the respondent was soundly based. ...

In seeking an answer, gross income, net income, capital investment, cash flow, personal involvement, and other factors may be relevant considerations. 20 A criterion Mr Justice Ryan mentions is to look at each of a taxpayer's sources from the point of view of capacity for both present or future profit. 21 In the present instance the plaintiff had from 1964 to 1968 engaged in farming as his sole source of income and it was not until 1968 when he sold that farm, being importuned to do so by an unsolicited offer of purchase at a price so attractive that he could not refuse, that he became the holder of a first mortgage securing the payment of an amount of $331,600 at 7% per annum. ... He did not continue on the family farm which the plaintiff had held out as a prospect to his son but did not actually anticipate. 25 Because of the normal cycle of reproduction and the expected expense of a new manner of farming in which the plaintiff engaged after careful consideration and planning, he anticipated that there would be a minimal loss which he could readily bear from his new affluence. ... Different considerations might prevail if there were more than two sources of income thereby resulting in different possible combinations. 32 In Robert Charles Simpson v Minister of National Revenue, [1961] C.T.C. 174, 61 D.T.C. 1117, the taxpayer had three sources of income. ...

I agree that the inability to pay for legal counsel is not a reason to circumvent the Rules. [9] However, courts must be mindful of access to justice considerations and must not unreasonably fail to exercise discretion where circumstances warrant. ... While language barriers are a consideration, they do not in-and-of-themselves justify representation by a non-solicitor; rather, this warrants the need for an accredited interpreter. ... The Respondent noted that the Applicant took advantage of the opportunity to make supplemental submissions for consideration by the Further Second Reviewing Officer. ...

Les admettre en preuve serait incompatible avec le rôle de cette Cour qui est de réviser la décision de l’agent sur la base des éléments dont il disposait (alinéa 18.1(4)(d) de la Loi sur les cours fédérales, LRC 1985, c F-7). [19] Les seuls éléments de preuve que j’ai pris en considération sont ceux qui ont été présentés à l’agent et qui sont joints aux dossiers de l’ARC signifié à la demanderesse et produit le 16 mai 2024 au dossier de cette Cour. ... Puis, suivant le sixième appel téléphonique, les mêmes Notes mentionnent que la demanderesse atteste qu’elle a reçu l’information sur la pandémie en février 2020 par le biais de sa belle-fille qui est agente de bord, qu’ils ont entamé la fermeture « à partir de la fin du mois de février 2020 de façon préventive » et qu’elle estime que la fermeture a été finalisée « en avril ou mai 2020 ». [32] En somme, les Notes indiquent clairement que l’agent a pris en considération les Périodes visées par les demandes et toute la preuve figurant au dossier et les a appliqués au critère du lien avec la COVID-19. ... Cependant, ayant pris en considération les lois pertinentes et les documents admissibles du dossier, ainsi que les arguments des deux parties, et malgré la sympathie que la Cour partage pour la situation de la demanderesse, la Cour n’est pas en mesure d’intervenir puisque les Décisions faisant l’objet des contrôles judiciaires n’étaient pas déraisonnables (Larocque c Canada (Procureur général), 2022 CF 613). [38] La demanderesse n’a pas satisfait son fardeau de démontrer qu’elle satisfait aux critères d’admissibilités établis par les lois précitées. ...

As consideration therefore, the latter corporation issued to the plaintiff deferred and common shares of its capital stock. ... Consideration was given to the effect that should be given to the rulings of the United States taxing authorities. ... As these rules must come under the consideration of foreign courts it is desirable in the interests of uniformity that their interpretation should not be rigidly controlled by domestic precedents of antecedent date, but rather that the language of the rules should be construed on broad principles of general acceptation. ...