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., 86 DTC 6610, [1987] 1 CTC 42 (FCTD)-- summary under Loans and Financing Charges Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Loans and Financing Charges A German limited partnership ("Canada Grund") having control of the taxpayer, in consideration of the taxpayer's promise to indemnify it from foreign exchange losses, advanced loans to, and invested in preference shares of, real estate corporations in which the taxpayer had a substantial interest. ...

The Queen, 2008 DTC 4982, 2007 TCC 647, aff'd, 2009 DTC 5940, 2008 FCA 419-- summary under Compensation Payments Summary Under Tax Topics- Income Tax Act- Section 9- Compensation Payments negotiated lump sum received for cancellation of non-compete was for diminution in value of goodwill A lump-sum payment received by the taxpayer in consideration for the cancellation of a non-compete covenant that had previously been given to it in connection with its acquisition of a business was a capital receipt given that the lump sum compensated it for a diminution in the market value of the goodwill that had been so acquired by it. ...

The question at this stage is whether the taxpayer can establish an intention to make a profit, whether or not he was motivated by tax considerations". ...

Canada, 2007 DTC 5580, 2007 FCA 294-- summary under Property Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Property lease was part of building, not a separate capital asset In affirming that a lump sum payment received by the taxpayer from the sole tenant of its building in consideration for the termination of the lease was received on income account rather than being compensation for the diminution in value of the lease viewed as a capital asset, Noël JA stated (at para. 28) that he saw no error in the finding below that "the sole capital asset acquired by the appellants was the building and that the long term lease was but a means of exploiting that asset. ...

Expense- Financing Expenditures Advances which the taxpayer made to a corporation controlled by her spouse's company ("DRAAL") in consideration for a right to 20% of its annual profits (as a bonus) and to a distribution of 1/3 of the shares of an investment management company which was to manage a fund which DRAAL was unsuccessfully attempting to establish, were capital expenditures and, therefore, non-deductible. ...

Interest of 20% on a second loan of $10,000 to his brother in consideration for a promise to repay a total of $11,000 was non-deductible because the $1,000 interest income portion of the promised repayment was lower than the interest expense. ...

The Queen, 84 DTC 6395, [1984] CTC 414 (FCTD)-- summary under Subsection 49(3) Summary Under Tax Topics- Income Tax Act- Section 49- Subsection 49(3) It was argued by a taxpayer who had granted an option to purchase his land that the Act included no provision permitting the taxation of payments received by him in consideration of extending the term of the option. ...

The Queen, 97 DTC 12107 (TCC)-- summary under Distribution Summary Under Tax Topics- Income Tax Act- Section 55- Subsection 55(1)- Distribution cash and equipment not single property type A transaction in which the common shares of a corporation held by the taxpayer were purchased for cancellation for consideration consisting of equipment and cash did not qualify under former s. 55(3)(b) given that the cash and equipment could not be regarded as a single type of property for purposes of that provision and given that it was the parties' intention that the taxpayer receive more than its proportionate share of the equipment of the corporation. ...

The Queen, 2015 TCC 191 (Informal Procedure)-- summary under Regulation 3100 Summary Under Tax Topics- Income Tax Regulations- Regulation 3100 notes were prescribed benefit where no intention to demand payment Lyons J found (at para. 42) that the taxpayers were not required by Blue Hill, the promoter of a tax shelter investment in mineral claims, to pay the promissory notes issued by them in consideration for Blue Hill incurring Canadian resource expenditures on their behalf. ...

Federal Court of Appeal decisions, even in relation to the Income Tax Act, are not binding on me, but are entitled to the same consideration and persuasive weight as would be given by this court to the decisions of the highest appellate courts of the other provinces... ...