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As far as I am aware, Canadian jurisprudence is lacking on the above-mentioned question, but the relevant provisions of Section 3(1) (g) were taken from and are identical to Section 2(1) (d) of the Finance Act, 1894 which has received judicial consideration in England. ... Bassett any bonuses or additional remuneration, as the directors may at any time see fit to pay after taking into consideration the services rendered by the deceased and the then financial position of the company. ...

Apart from argumentation the said briefs disclosed that consideration of paragraphs 7 and 8 was not necessary because counsel agreed that the Minister, in arriving at the figure of $119,607.11, which he considered to be undistributed income under Section 81(1), had made due allowance for the respective shareholdings of the taxpayer and Mrs. ... C.R. 4 at 12; [1955] C.T.C. 323 at 330, Ritchie, J., observed: “I entertain no doubt as to the admissibility of evidence respecting subsequent transactions in order to establish that the particular transaction under consideration marked the commencement of a series of similar transactions or of a course of conduct in the nature of a trade or business.’’ ...

., a company in the process of being incorporated, made in two separate documents a conditional offer to purchase as a going concern the entire sand business of the respondent company, with the exception of its property located on McCord Street for a total consideration of $375,000. ... With respect to the question of inventory, it can be said, I think, that the difference, amounting to $40,000, between the appellant’s and respondent’s figures of taxable income arises because the appellant, while admitting that the slump sale receipt of $40,000 must be eliminated from the company’s profit and loss account, considers that it ought to be brought into and taken into consideration as inventory and applied against the cost thereof as of March 14, 1955. ...

His entire inspection of the land and consideration of the factors involved took less than 45 minutes. ... After having given careful consideration to all the evidence, I am not satisfied that there is a balance of probability that the appellant acquired the two properties for the purpose of conducting a horse racing and breeding business on them to the exclusion of any purpose of disposition at a profit. ...

And incidentally, in Wiebe Door these factors- (i) chance of profit and (ii) risk of loss- are separately identified, indicative of requiring individual consideration, rather than jointly identified as in AE Hospitality. [40] The AE Hospitality circumstances are not comparable to those in the case at bar. ... Yeomans had substantial freedom in deciding what damage claims filed with Co-op Hail he would accept to adjust, based on personal considerations such as proximity to his Swift Current home. [48] As to ownership of tools, the equipment provided by the Co-op Hail was relatively slight – pen, paper and clipboard. ...

Its compensation was the consideration provided for in the contract. Accounts were prepared and settled by the parties at irregular intervals after reports and advice were given by auditors to them. ... Where a person has been given jurisdiction to form an opinion and act accordingly, the Court has no right to review such opinion or the considerations on which it was based; the accuracy of the opinion is quite outside its jurisdiction....” ...

In my opinion, the extent to which these expenses may reasonably be regarded as having been incurred for the purpose of gaining dividend income cannot be resolved by reference to the appellant’s income receipts, but I think it can be resolved in a rough way by consideration of how income was to be produced from the appellant’s business. ... Different considerations apply to the remaining items of ex- pense, namely the legal expense for 1950, incurred for legal advice for the benefit of certain shareholders, and the stock transfer expense, listing fees for common stock, printing and stationery in connection with the annual meeting of shareholders and proxy expense. ...

Though the contract mentions that the sale was made for one dollar and other considerations, the parties admit that the true price paid by the appellant to K. ... On June 17, 1948, this Order-in-Council was revoked and replaced by Order-in-Council P.C. 2771, which reads as follows: “WHEREAS by Order-in-Council P.C. 4560 of 7th November, 1947, regulations were established pursuant to the provisions of paragraph (a) of subsection (1) of section 5 of The Income War Tax Act for the depletion of timber limits for 1947 and subsequent years; AND WHEREAS the Minister of National Revenue reports that it is advisable, for the purpose of clarification, to provide in the said regulations that not more than one hundred per cent of the capital cost to the original owner of such timber limits may be depleted and that the residual value, if any, of such timber limits be taken into consideration when determining the capital cost thereof; THEREFORE, His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue and pursuant to the provisions to paragraph (a) of subsection (1) of section 5 of The Income War Tax Act, Revised Statutes of Canada, 1927, chapter 97 is pleased to order as follows: 1. ...

The pro-rating provision or rule in subsection (4) is of particular importance in the consideration of this appeal. ... Subsection (2) of Section 59 of chapter 40 of the 1952-1953 Statutes also is of special importance in the consideration of this appeal because there is contained in it no provision for pro-rating the deduction such as is contained in the basic Section 37 as enacted by Section 13(2) of chapter 29, Statutes of 1952, above quoted. ...

The respondent, however, considered that it was taxable income and took it into consideration when reassessing him for that year, adding an additional sum (the amount of which is not now in dispute) to his taxable income. ... But if instead of dealing with his property as owner he embarks on a trade in which he uses that property for the purposes of his trade, then he becomes liable to pay, not on the excess of sale prices over purchase prices, but on the annual profits or gains arising from such trade, in ascertaining which those prices will no doubt come into consideration.” ...