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Results 121 - 130 of 636 for consideration
EC decision

Byron B. Kennedy v. Minister of National Revenue, [1952] CTC 59, 52 DTC 1070

(iii) That some time (the dates are not certain) during the years 1946 and 1947, the appellant had discussions with the representatives of the Province of Ontario, and learned from them that said Province had under consideration the construction of additions to the Toronto to Barrie highway and, that a portion of said lands would be required by said Province for the construction of said highway, and negotiations followed as to the compensation which should be paid by the said Province to the appellant. ... The appellant did, however, appear before me and after having given careful consideration to his evidence, I am of opinion, that he failed completely, to clarify his intentions respecting the purchase of these lands. ...
EC decision

His Majesty the King v. B. C. Brick and Tile Company, [1935-37] CTC 110

It will be seen, I think, that the principal or controlling facts appearing in that case are not at all similar to the facts in the case presently under consideration. ... In the case under consideration I am unable to see how, upon the facts disclosed, it could be held that the Victoria company was the agent of the defendant company, and to make the Palmolive case applicable here some such agency would have to be established. ...
EC decision

Walkerville Brewery Limited v. Minister of National Revenue, [1942] CTC 147, [1941-1946] DTC 593

The consideration paid for the transfer of the assets from the old company to the appellant company was in the form of an issuance of preferred and common shares of the latter company. ... However, any new assets acquired from time to time were always taken into consideration, increasing the amounts allowed for depreciation according to the cost of such new assets. ...
EC decision

Burns and Jackson Logging Company Limited v. Minister of National Revenue, [1945] CTC 343, [1941-1946] DTC 747

They are usually the fruit of negotiation, consideration, compromise. ... I think that this is the plain common-sense of the matter, and that it ought to have been apparent that it was so, to all those engaged int the logging industry, from a consideration of the language used in the light of the surrounding circumstances. ...
EC decision

MNR v. Vancouver Tug Boat Co. Ltd., 57 DTC 1126, [1957] CTC 178 (Ex Ct)

In my opinion, it requires no detailed analysis to classify the expenditure in question as one made in accordance with the ordinary principles of commercial trading or well accepted principles of business practice, as that consideration is explained in Royal Trust v. ... The problem thus narrows down to a consideration. of whether or not the expenditure is excluded by Section 12(1) (b) as an admissible deduction. ... But the Income Tax Acts take no account of this consideration. Broadly speaking, outlay is deemed to be capital when it is made for the initiation of a business, for extension of a business, or for a substantial replacement of equipment.’’ ...
EC decision

Monart Corp. v. MNR, 67 DTC 5181, [1967] CTC 263 (Ex Ct)

Pursuant to the agreement, and upon the surrender of the lease by F to the respondent and its acceptance thereof, the oil company paid the respondent $17,000 “as a consideration for such acceptance of surrender”. ... The minute book of the respondent shows that the whole of the property was sold to the respondent in February, 1954 for a consideration of approximately $135,000. ... Now it cannot be assumed that the respondent would voluntarily and without consideration forego the indemnification which it had previously had in regard to taxes and insurance premiums on. the service station. ...
EC decision

Vernon C. Hale v. Minister of National Revenue, [1968] CTC 457, 68 DTC 5326

It was indeed held In re Steen Realty, where the facts were very similar to the present case, that as the purchasers had paid the full price for the land alone and that it was not reasonable to regard any part of the sale price as being the consideration for the disposition of the buildings, no amount should be deducted for the value of the buildings. ... Section 20(6) (g) of the Income Tax Act provides that where an amount can reasonably be regarded as being in part consideration for disposition of depreciable property and in part consideration for something else, the part that can reasonably be considered as being the consideration for such disposition shall be deemed to be the proceeds of disposition and the purchaser shall be deemed to have acquired the property at a capital cost to him equal to the same part of that amount. It is reasonable to consider in the circumstances of the present case that any part of the price was consideration for the disposition of the buildings. ...
EC decision

Emco Limited v. Minister of National Revenue, [1968] CTC 458, 68 DTC 5310

It was indeed held In re Steen Realty, where the facts were very similar to the present case, that as the purchasers had paid the full price for the land alone and that it was not reasonable to regard any part of the sale price as being the consideration for the disposition of the buildings, no amount should be deducted for the value of the buildings. ... Section 20(6) (g) of the Income Tax Act provides that where an amount can reasonably be regarded as being in part consideration for disposition of depreciable property and in part consideration for something else, the part that can reasonably be considered as being the consideration for such disposition shall be deemed to be the proceeds of disposition and the purchaser shall be deemed to have acquired the property at a capital cost to him equal to the same part of that amount. It is reasonable to consider in the circumstances of the present case that any part of the price was consideration for the disposition of the buildings. ...
EC decision

Minister of National Revenue v. Dorila Trottier, [1967] CTC 28, 67 DTC 5029

It recites that ‘‘In consideration of the sum of $45,000 paid to me’’ he charges the land thereinafter described. ... With such considerations in mind a reference to paragraph 2 of the separation agreement, Schedule D, discloses that Mrs. ... The payments here under consideration are both assignable and interest-bearing under the terms of the second mortgage. ...
EC decision

Minister of National Revenue v. Mary Orlando, [1960] CTC 58, 60 DTC 1051

So part of the consideration for the disposal of a parcel of her land was a sum of money paid by the purchaser and a mortgage guaranteeing the payment of the balance of the sale price. The other consideration was the removal of the topsoil of the parce! sold to the remaining part of the respondent’s property. ... Now, what happened to the monetary consideration is not known; but what became of the topsoil, a marketable commodity in the district, is revealed by the evidence. ...

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