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Minister of National Revenue, 69 DTC 5361, [1969] CTC 558, [1970] S.C.R. 64-- summary under Subsection 84(2) Summary Under Tax Topics- Income Tax Act- Section 84- Subsection 84(2) application to de facto winding-up and discontinuance The taxpayers were shareholders of a company (the "old company") who effectively converted its assets to cash through a series of transactions: those assets were sold to a related company owned in essentially the same manner (the "new company") in consideration for a promissory note; the note was paid-off through bank borrowings of the new company; the old company used those cash proceeds to invest in preference shares of two unrelated companies (the "dividend-stripping companies"); and the taxpayers sold the shares of the old company to the dividend-stripping companies for a cash amount based on the old company's net asset value. ...

…[S]ection 168 provides that: Tax … is payable by the recipient on … the day the consideration for the supply becomes due. ...

Therefore, the word "advice" must be construed broadly, to include any discussions by a public servant about the range of alternative policy options, as well as any considerations to take into account by the decision maker (paras. 46-47). ...

.)-- summary under Nature of Income Summary Under Tax Topics- Income Tax Act- Section 9- Nature of Income amounts received were revenue notwithstanding on-payment obligation The taxpayer, which was the co-owner along with Dome Petroleum of the operating rights to certain mineral properties, agreed to pay a percentage of the net proceeds of production from the taxpayer's working interest to Dome Petroleum in consideration for Dome Petroleum's services as operator. ...

Martland J. found that because "in essence, the main purpose and the result of the litigation was to improve the consideration received for the disposition of a capital asset" (pp. 5263-5264), and in light of the proposition established by the Dominion Natural Gas case that a legal expense incurred to protect a taxpayer's title to a capital asset is a capital expenditure, that the taxpayer's legal expenses were incurred on capital account. ...

The Minister assumed that the taxpayers "in consideration for a charitable receipt from [the charity,] would pay 10% of the face value of the receipt amount, plus a commission, to her tax preparer. ...

Later in 1966, SGI sold those debentures (including accrued interest which would have been previously payable but for the postponement) to the defendant, which was a second Canadian subsidiary of SGI, in consideration for debentures of the defendant. ...

It was found that although the consulting and sales agency agreement had a term of only 1 year and the vendor was entitled to its commission regardless whether it participated in the sale of the 10 machines or not, there was nothing in the consulting and sales agency agreement which would "lead the reader thereof to conclude that its true nature was to provide [the vendor] with additional consideration for the sale of its assets. ...

As such, funds received by a non-profit operator of an assisted living or residential care facility from a grantor as consideration for making such property and services available for consumption or use by the residents of the facility would still fall within the definition of "government funding" in the Regulations and the non-profit operator's eligibility for the rebate would not be affected. ...

The Queen, 2006 DTC 3401, 2006 TCC 440 (Informal Procedure)-- summary under Business Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Business The taxpayer let her neighbour's cattle graze on her pasture in consideration for a monthly fee per head, and agreed with her neighbour that he could crop-share her hay field. ...