Search - consideration

The Queen, 2010 DTC 1216 [at at 3582], 2010 TCC 317, rev'd in part 2013 DTC 5085 [at 5959], 2013 SCC 29-- summary under Certainty Summary Under Tax Topics- Statutory Interpretation- Certainty Before finding that the consideration in an asset sale represented by the assumption by a purchaser of a future reforestation liability should be heavily discounted from the estimate of its value by the taxpayer's auditors, C. ...

The Queen, 2010 DTC 1216 [at at 3582], 2010 TCC 317, rev'd in part 2013 DTC 5085 [at 5959], 2013 SCC 29-- summary under Realization Principle Summary Under Tax Topics- Statutory Interpretation- Realization Principle Before finding that the consideration in an asset sale represented by the assumption by a purchaser of a future reforestation liability should be heavily discounted from the estimate of its value by the taxpayer's auditors, C. ...

Minister of Revenue of Ontario, [1994] OJ No. 897-- summary under Resolving Ambiguity Summary Under Tax Topics- Statutory Interpretation- Resolving Ambiguity In rejecting the interpretation of the Minister of the definition of "value of consideration" in the Land Transfer Tax Act (Ontario), Feldman J. applied the statement in Driedger, Construction of Statutes, 2nd Ed. that "in all statutes, whether they could be classified as penal or remedial, where there is doubt or obscurity the Courts are inclined to lean in favour of what is reasonable from the subject's point of view, on the theory or presumption that Parliament is reasonable. ...

The Queen, 2006 DTC 3558, 2006 TCC 509, briefly aff'd 2008 DTC 6015, 2007 FCA 360-- summary under Section 87 Summary Under Tax Topics- Other Legislation/Constitution- Federal- Indian Act- Section 87 The taxpayer, a status Indian who resided both on and off a reserve, transferred investments to a corporation resident on the reserve and controlled by her non-Indian husband and his children from a previous marriage in consideration for an interest-bearing promissory note of the corporation. ...

The payments did not qualify as gifts given that the making of a gift "implies gratuitousness, a disinterested donor in the absence of any consideration" (p. 23). ...

The Queen, 78 DTC 6254, [1978] CTC 358 (FCA)-- summary under Subsection 180(3) Summary Under Tax Topics- Income Tax Act- Section 180- Subsection 180(3) "[A]n initial Appellate Court must take into consideration well-established precedents, namely: (1) where the credibility of witnesses is involved, except in extraordinary cases, the finding of the Trial Judge must not be set aside; (2) the interpretation of the evidence is left to the discretion of the judge who sees and hears the witnesses, and it is the duty of a Court of Appeal to respect the judgment of the judge who has these privileges unless it is satisfied that the latter was plainly wrong. ...

The Queen, [2004] GSTC 36, 2003 TCC 895 (Informal Procedure)-- summary under Section 25 Summary Under Tax Topics- Excise Tax Act- Schedules- Schedule V- Part VI- Section 25 The sale of serviced lots by a municipality, with a separate (as to 94% of the total consideration) municipal infrastructure charge was found to entail two supplies (the sale of land, and the provision of infrastructure services) given that land could have been sold independently of the installation or repair of sewer and water systems and given that the breakdown between the two charges appeared clearly in the sale contract. ...

O'Connor TCJ. referred to the submission of the taxpayer's counsel that the transfers of shares to the taxpayer's children were made for adequate consideration. ...

The Court was informed that the taxpayer had been involved in cocaine trafficking, for which he was likely to receive a lengthy sentence, he had recently liquidated immovable assets, he transferred the family home to his spouse without consideration and she put the residence up for sale, and he had grossly under-reported his income for several taxation years despite making large purchases and disbursements from his bank accounts. ...

The Queen, 95 DTC 5631, [1996] 1 CTC 3 (FCTD)-- summary under Subsection 212(5) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(5) The plaintiff (a U.S. partnership) provided video tape reproduction masters to a wholly-owned Canadian subsidiary, which was entitled in consideration for royalties payable to the plaintiff to duplicate the masters for distribution within Canada through the sale of video cassettes. ...