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The limited partner pays a reasonable guarantee fee to the partnership as consideration, as well as provides an indemnity saving the partnership harmless from any loss or cost it may suffer as a result of the guarantee. ...

The application of these provisions to a particular case can only be made after thorough consideration of all of the relevant facts pertaining to that situation. ...

--the aggregate of all amounts each of which is an amount paid by or on behalf of the taxpayer in the year or within 60 days after the end of the year (i) as a premium under a registered retirement savings plan under which he is the annuitant, (ii) to acquire, from a person licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada an annuities business, an annuity (A) under which the taxpayer is the annuitant (I) for the taxpayer's life, or for the lives jointly of the taxpayer and the taxpayer's spouse (in this paragraph having the meaning assigned by subsection 146(1.1)), either with a guaranteed period that is not greater than 90 years minus the age of the taxpayer or the age of the taxpayer's spouse, at the time of its acquisition or without a guaranteed period, or (II) for a term of years equal to 90 minus the age of the taxpayer or the age of the taxpayer's spouse, at the time of its acquisition, or (B) under which the taxpayer, or a trust under which the taxpayer is the sole person beneficially interested in all amounts payable under the annuity, is the annuitant for a term of years not exceeding 18 minus the age of the taxpayer at the time of its acquisition that does not provide for any payment thereunder except (C) the single payment by or on behalf of the taxpayer, (D) equal annual or more frequent periodic payments commencing not later than one year after the date of the payment referred to in clause (C), and (E) payments in full or partial commutation of the annuity and, where the commutation is partial, equal annual or more frequent periodic payments thereafter, or (iii) to a carrier as consideration for a registered retirement income fund under which the taxpayer is the annuitant where such aggregate (iv) is designated by the taxpayer in his return of income under this Part for the year, (v) does not exceed the aggregate of (A) the amount included in computing his income for the year as a refund of premiums out of or under a registered retirement savings plan under which the taxpayer's spouse was the annuitant, (B) the amount included in computing his income for the year as a refund of premiums out of or under a registered retirement savings plan where the taxpayer was dependent by reason of physical or mental infirmity on the annuitant under the plan, (B.1) the lesser of (I) the amount paid by or on behalf of the taxpayer to acquire an annuity that would be described in subparagraph (ii) if that subparagraph were read without reference to clause (A) thereof, and (II) the amount (other than any portion thereof included in the amount determined under clause (B)) included in computing the taxpayer's income for the year as a payment (other than a payment that is part of a series of periodic payments or that relates to an actuarial surplus) received by the taxpayer out of or under a registered pension plan, or as a refund of premiums out of or under a registered retirement savings plan, as a consequence of the death of an individual, where the taxpayer is a child or grandchild of the individual, and (B.2) the amount included in computing the taxpayer's income for the year that was received by the taxpayer as a consequence of the death of the taxpayer's spouse out of or under a provincial pension plan prescribed for the purposes of paragraph (v), and, where the amount is paid by a direct transfer from the issuer of a registered retirement savings plan or a carrier of a registered retirement income fund, (C) the amount included in computing his income for the year as a consequence of a payment described in subparagraph 146(2)(b)(ii), and (D) the portion of the amount received by him out of or under a registered retirement income fund and included in computing his income for the year by virtue of subsection 146.3(5) that exceeds the minimum amount (within the meaning assigned by paragraph 146.3(1)(b.1)) required to be paid to the annuitant in the year under that fund, and (vi) was not deducted in computing his income for a preceding taxation year; ...

The cost incurred by an investor for an incompleted video tape does not qualify for any income tax consideration. ...

As consideration therefor, Opco 2 will issue to Mr. X, commons shares having a fair market value equal to the fair market value of the Opco 1 share purchased. ...

., any interest in the trust was issued to your client for consideration paid by him that was equal to the fair market value of that interest at the time of issuance. ...

Les versements relatifs aux bénéfices offerts par le XXXX sont reçus par l'employé en cause à partir du moment où il quitte sa charge ou son emploi (ce qui constitue la "retraite") et lui sont faits en considération de la perte de sa charge ou de son emploi. ...

" "16.07 A member that has acted in the purchase or sale of a security upon the Exchange shall promptly send or deliver to his customer, if any, a written confirmation of the purchase or sale setting forth the following: (a) the quantity and description of the security, and,where the security is a restricted share, the description of the security shall include the appropriate restricted share term or an abbreviation thereof, provided that an explanation of the abbreviation shall appear on the confirmation; (b) the consideration; (c) whether the member was acting as principal or agent; (d) if acting as agent, the name of the member from or to or through whom the security was bought or sold; (e) the day upon which the purchase or sale took place; (f) the commission, if any, charged in respect of such purchase or sale; (g) the name of the Registered Representative or other person instructed by the customer to make the purchase or sale; and (h) that the purchase or sale took place upon the Exchange. ...

., any interest in the trust was issued to your client for consideration paid by him that was equal to the fair market value of that interest at the time of issuance. ...

In view of these statements, and taking into consideration the various elements of capital transactions as defined in the very large body of jurisprudence concerned with this area, we are of the opinion that a right to receive income must itself be regarded as a capital asset the disposition of which results in a capital, as opposed to an income, receipt. ...