Search - consideration

., in coming to a determination of the "fair value" of shares, chose to arrive at his "own valuation upon [his] view of the evidence as a whole and without resort to any sophisticated method" rather than either selecting his own parameters or "controlling factors" and applying them, or making his own selection of controlling factors and remitting the matter for fresh consideration and further evidence. ...

MNR, 62 DTC 247 (TAB)-- summary under Paragraph 212(1)(d) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(1)- Paragraph 212(1)(d) "real purpose" of agreement was right to use trademark The taxpayer, which was a Canadian manufacturer of ladies' dresses, agreed in writing with a U.S. company that it would have the exclusive Canadian rights in respect of the "Anne Klein" line of clothing in consideration for the payment of $6,500 per year plus 3% of its annual sales in respect of that line in excess of $150,000. ...

In consideration for that acquisition, it agreed inter alia to pay to him 500,000 French francs plus, after the sale of 28,000 copies of the best edition, a sum for each volume equal to 500,000 French francs divided by 28,000. ...

MNR, 2001 DTC 5284 (FCTD)-- summary under Subsection 220(3.1) Summary Under Tax Topics- Income Tax Act- Section 220- Subsection 220(3.1) In dismissing an application of the taxpayers for judicial review of a decision to refuse their application for waiver of interest, Heneghan J. noted the conclusion of the relevant official that departmental delay or error did not appear to be the primary cause of the applicants' alleged lack of information about the amount of their tax liability, noted that they had made no real effort to pay the tax liability until the Department itself had taken the extreme step of attaching their assets, and quoted from the statement in the Kaiser case that "absent bad faith on the part of the Minister, a breach of the principles of natural justice or consideration of extraneous or irrelevant factors, there is nothing to warrant the Court's interference with the exercise of his discretion. ...

The taxpayer was found to be providing a service to the retailers for which consideration was given in the form of the 10% discount from the amount which it otherwise would have been required to pay on redemption by it of the vouchers. ...

In addition, the taxpayer agreed in consideration for a lump-sum payment not to install or permit the installation of another plant nor to canvass orders within the dealer's territory. ...

Rather than being properly so described, the reciprocity fee payable to the Appellant was received by it in consideration of its providing to the counterparty bank a supply consisting of a service to a customer of that bank in the form of a facility to withdraw cash, in whatever form it was dispensed. ...

(Inner House))-- summary under Section 138 Summary Under Tax Topics- Excise Tax Act- Section 138 In finding that all of the consideration received by the taxpayer company for supplies of biscuits packed in tins was zero-rated, Lord Murray concluded (at p. 5050) that the supply of the tin was both "incidental" to the supply of biscuits (given that it was not "so elaborate, expensive or decorative as to qualify as a container in its own right") and was "integral" to the supply of biscuits both because it was the container in which the biscuits were in fact packaged, but further in the sense that the tin facilitated the supply of the biscuits to a restricted, quality market as well as prolonging their shelf-life and keeping the biscuits in better condition once consumption of the biscuits had begun. ...

The commission payments did not constitute "any expenditure (not being in the nature of capital expenditure) incurred solely for the purpose of earning such profits or gains" for purposes of s. 10(2) of the Indian Income-tax Act because "they did not arise out of any transactions in the conduct of their business" and: The obligation to make these payments was undertaken by the appellants in consideration of their acquisition of the right and opportunity to earn profits, that is, of the right to conduct the business, and not for the purpose of producing profits in the conduct of the business. ...

The fact that the deed from the mortgagee as mortgagee to the mortgagee in its own right recited that the consideration of $1 clearly was irrelevant. ...