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At the same time the appellant agreed to sell his shares in the capital stock of Johnston Holdings for the nominal consideration of $1. ...

Mr Sunderland testified that, in the years under consideration, he was a land developer in Medicine Hat. ...

In addition, the Bryce case does not indicate a consideration of the word “periodic” in section 60.1 in that the payments therein have to be at least “periodic” to be deductible and the type of payment disallowed in the appeal was of the type considered in the Weaver case by the Federal Court of Appeal. ...

Even if the compensation payable for the loss of the capital asset has been calculated in whole or in part by taking into consideration what profits the taxpayer company would have made had it continued to carry on a trade involving the use or exploitation of the asset, this does not alter the identity of what the com- pensation was paid for, viz, the permanent removal from its business of a capital asset which would otherwise have continued to be exploited in the business. ...

A reasonable time is allowed for exposure in the open market. 4. payment is made in cash or its equivalent. 5. financing, if any, is on terms generally available in in the community at the specified date and typical for the property type in its locale. 6. the price represents a normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs, or credit incurred in the transaction. ... In 1971, the neighbourhood was moving and taking all things into consideration, it seems to me that all of the ingredients that motivated them in 1976 were present in 1971 and that they would have acted in a similar manner. ...

Consideration was to be $30,000 in cash (2 cheques of $15,000 each) and a mortgage back of $80,000 and a further mortgage back of $35,000. ... Alternatively, the Galt property was so highly mortgaged at the date of sale (taking into consideration the Canada Permanent, Wunder and Pax mortgages) that there was no net equity whatsoever with which Margaret could claim she had acquired the Paris property. ...

On or about September 13, 1978 a notice of objection was filed on behalf of Romano and the others requesting a re-assessment on the basis that the valuation day value of the property was accurate as reported by Romano and the others in filing their 1974 tax returns, that Emilia Gabriele, Gilda Gabriele and Elisa Latini rather than their respective spouses were the beneficial owners of their interests in the Property and, accordingly any capital gain resulting therefrom should be reported in their returns rather than the tax returns of their respective spouses and that the Department failed to take into consideration the entitlement of Romano and the others to claim a capital gain reserve under subparagraph 40(1)(a)(iii) of the Income Tax Act (the “Act”). 30. ... The question, as I see it, is whether the sale of the property was a major consideration of the appellants and indeed a motivating factor at the time the property was acquired. ...

After taking into consideration outlays for taxes, subdivision costs, sales costs, promotion and administration, and after calculating the “In Wood” factor on the basis of an 8 per cent interest rate for a three-year period, we obtained a unit price of $2,760 per arpent. ... To claim now that he would, of his own free will, have agreed to sell this property at 2.7¢ a square foot is to fail to take into consideration all the special factors in this case. ...

Consequently, the value estimates should be used with care and consideration of assumptions and methodology employed herein. ... (In Cornforth v The Queen, [1982] CTC 45; 82 DTC 6058), Mr Justice Cattanach at pages 6066 and 55 respectively, goes on and deals with the facts of the case and makes the conclusion that there was no partnership.... about the bottom of the page (he) says: I am not satisfied on a consideration of all of the evidence that it was the intention of the plaintiff and his wife to enter into a partnership in the legal sense but on the contrary the natural and preponderant inference from the evidence is that no such intention was present to their minds. ...

It was determined to be for such services performed by the management personnel in the preceding year to be paid in the year and the fund was set up after careful consideration being given by the directors whether the business operations and returns of the prior year justified a fund in the amount determined to be paid in the next ensuing year. ... While the evidence would indicate that tax considerations were never far from the minds of those directing the appellant company, the same evidence would indicate that a pattern had been established in prior years, that the amount for 1976 was reasonable and that it had been earned by Mr Brazolot. ...