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Although article 2098 of the Civil Code of Lower Canada provided that "in default of such registration, the title of conveyance cannot be invoked against any third party who has purchased the same property from the same vendor for a valuable consideration and whose title is registered", it was clear that the Minister is not a third party within the meaning of this article. ...

MNR, 92 DTC 1472, [1992] 1 CTC 2332 (TCC)-- summary under Small Business Corporation Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Small Business Corporation A promissory note held by the subsidiary of a holding company, which had been received as consideration for the disposition of its business assets, was not itself a business asset. ...

Accordingly, the dividends were paid for valuable consideration, with the result that s. 160(1) did not apply. ...

MNR, 60 DTC 519 (TAB)-- summary under Proceeds of Disposition Summary Under Tax Topics- Income Tax Act- Section 13- Subsection 13(21)- Proceeds of Disposition A "lease with promise of sale" between the taxpayer and the supposed lessee was found to be an agreement of sale given that its terms were fully consistent with a contract of sale, including the fact that the consideration was structured in the same manner as instalment payments, with provision being made for the separate payment of interest thereon, and in light of provision for conveyance of the property (a motel) to the lessee for $1 on payment of all the instalments. ...

MNR, 90 DTC 1059, [1990] 1 CTC 2165 (TCC)-- summary under Subparagraph 212(1)(d)(i) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(1)- Paragraph 212(1)(d)- Subparagraph 212(1)(d)(i) Payments which the taxpayer made to a non-resident joint venture arguably as the consideration for an exclusive distributorship, did not constitute amounts described in s. 212(1)(d)(i), but, rather, were capital payments. ...

., 57 DTC 1017, [1957] CTC 1 (Ex Ct)-- summary under Accounting Principles Summary Under Tax Topics- Income Tax Act- Section 9- Accounting Principles Before agreeing with the accounting experts that the taxpayer's instalment method of accounting for its sales of magazines was more appropriate than the accrual method which underlaid the Minister's reassessments, Thorson P. stated (p. 1026): "The prime consideration, where there is a dispute about a system of accounting, is, in the first place, whether it is appropriate to the business to which it is applied and tells the truth about the taxpayer's income position and, if that condition is satisfied, whether there is any prohibition in the governing income tax law against its use. ...

The Queen, 94 DTC 1765, [1995] 1 CTC 2298 (TCC)-- summary under Paragraph 248(8)(a) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(8)- Paragraph 248(8)(a) Kempo TCJ. found (at p. 1769) that s. 248(8)(a) was added "to obviate the denial of a rollover in situations where an individual, qua beneficiary, acquired estate property upon payment of consideration to satisfy the terms of a testamentary condition or instrument". ...

., 98 DTC 6275, [1998] 3 CTC 115 (FCA)-- summary under Subsection 79(2) Summary Under Tax Topics- Income Tax Act- Section 79- Subsection 79(2) The transfer by the taxpayer to his sister and former wife of his interest in two buildings in consideration for a reduction in the amount he owed to them was found to be a disposition whose proceeds of disposition were determined in accordance with s. 54(h)(i) (i.e., the "sale price of property that has been sold"), rather than by para. ...

., 94 DTC 6511, [1994] 2 CTC 170-- summary under Specified Investment Business Summary Under Tax Topics- Income Tax Act- Section 125- Subsection 125(7)- Specified Investment Business at least six A practising lawyer who spent approximately 28 hours per year on telephone calls monitoring the business of the taxpayer in addition to making occasional visits to the taxpayer's office in consideration for annual remuneration from the taxpayer of $8,250 did not qualify as a "full-time employee". ...

Since the consideration for the instalments thus was the waiver of the contract benefits rather than the need of the recipient, the instalments were non-deductible. ...