Search - consideration

The Queen, 86 DTC 6322, [1986] 2 CTC 71 (FCTD)-- summary under Subparagraph 40(1)(a)(iii) Summary Under Tax Topics- Income Tax Act- Section 40- Subsection 40(1)- Paragraph 40(1)(a)- Subparagraph 40(1)(a)(iii) The reserve was not available in respect of a demand promissory note received by the vendors as partial consideration for the sale of shares of a family farm corporation, notwithstanding that the shares were held subject to an escrow agreement until the promissory note was paid off. ...

The Queen, 2005 DTC 959, 2005 TCC 335-- summary under Price Adjustment Clause Summary Under Tax Topics- General Concepts- Price Adjustment Clause The existence of an "anti-flip agreement" allegedly given by the taxpayer in connection with its purchase of shares (under which it would pay to the vendor any consideration received by it, on a subsequent sale by it of the shares, over and above the purchase price) was found not to be supported by the evidence. ...

The residuum thereby allocated to the bare land was small: $60,000 out of a total consideration of $230,000. ...

MNR, 2 DTC 918 (Ex Ct) in finding that although an agreement between the taxpayer and an American company indicated that payments were made solely in consideration for the right to use a line of clothing and the associated name, the taxpayer's evidence that the terms of the agreement also required the provision to the taxpayer of services, was admissible. ...

The Queen, 94 DTC 1085, [1994] 1 CTC 2355 (TCC)-- summary under Paragraph 20(1)(m) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(m) no deduction for future remediation work The taxpayer, which operated a waste landfilled site, was unable to establish that fees it received from a municipality for a municipal waste that was dumped there were, in part, consideration for remedial work that the taxpayer would become obligated to perform following the closure of the site. ...

The Queen, 93 DTC 1025, [1994] 1 CTC 2242 (TCC)-- summary under Employment Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Employment A lump sum of $90,000 received by the taxpayer in consideration for his resignation from a governor-in-council appointment to the National Parole Board constituted a retiring allowance. ...

The Queen, 93 DTC 1025, [1994] 1 CTC 2242 (TCC)-- summary under Retiring Allowance Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Retiring Allowance A lump sum of $90,000 received by the taxpayer in consideration for his resignation from a governor-in-council appointment to the National Parole Board constituted a retiring allowance. ...

The Queen, 84 DTC 6526, [1984] CTC 536 (FCA)-- summary under Old Summary Under Tax Topics- Income Tax Act- Section 245- Old "[W]here provisions of the Income Tax Act have the obvious purpose of encouraging taxpayers to enter into an expenditure of a particular kind [here, petroleum exploration expenditures], a taxpayer who otherwise falls within the object and spirit of the relevant provisions cannot be said to unduly or artificially reduce income because he was influenced to enter into it by tax considerations." ...

.)-- summary under Paragraph 251(1)(c) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(1)- Paragraph 251(1)(c) It was stated, in the context of the Bankruptcy Act, that a transaction is not at arm's length "where one of the co-contracting parties is, by reason of his influence, or superiority, in a position to pervert the ordinary rule of supply and demand and force the other to transact for a consideration which is substantially different than adequate normal or fair market value". ...

The Queen, 95 DTC 5187 (FCTD)-- summary under Subsection 220(3.1) Summary Under Tax Topics- Income Tax Act- Section 220- Subsection 220(3.1) Rouleau J. declined to set aside the decision of the Minister refusing to grant relief under s. 220(3.1) given the absence of bad faith on the part of the Minister, a breach of the principles of natural justice or consideration by the Minister of extraneous or irrelevant factors. ...