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In response to the taxpayers' submission that too much time had passed between the different transactions for them to be one series of transactions, Trudel JA noted (at paras. 17-19) that Copthorne indicated that sometimes the elapsed time would be a relevant factor in this determination, and that Boyle J had made a finding of fact that, at the time the decision was taken to pay a capital dividend, New Supervac had taken into consideration the capital dividend account that had been acquired with the Old Supervac shares. ...

., 2000 DTC 6549, docket A-500-98, 2002 FCA 226-- summary under Paragraph 12(1)(b) Summary Under Tax Topics- Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(b) right to receive amounts had become absolute The taxpayer, which was a real estate developer, agreed with each of three partnerships to construct and complete a MURB project and provide certain initial services essential to the project pursuant to a development agreement, including the provision of ongoing financial guarantees, in consideration for the partnership's promise to pay stipulated amounts to the taxpayer in instalments as evidenced by promissory notes and, in the case of two of the three projects, wrap-around mortgages. ...

The Queen, 2012 DTC 1019 [at at 2575], 2011 TCC 520-- summary under Agency Summary Under Tax Topics- General Concepts- Agency Seeking to protect herself from being sued by her brother, the taxpayer transferred title to all her real properties for no consideration to corporations under her majority control. ...

In affirming the Tax Court reasons, Sharlow JA stated (at para. 6): [The connecting factors test] requires a complete consideration of all of the facts relating to the income, which must include but cannot be limited to the formal legal structure through which the income is received. ...

Profit- Patents and Know-How The taxpayer, which was incorporated for the purpose of exploiting a patent for stainless steel which (by the time of the appeal to the Commissioners) had been granted to it in 28 countries, was found to have realized capital receipts when it transferred its American patent rights to an American subsidiary in consideration for shares, and sold the Japanese patent rights to a Japanese company for £25,000 payable in cash instalments (plus an annual royalty of £1,000, which it acknowledged to be taxable). ...

Although the value of the benefit which was received, rather than the cost of the benefit to the corporation was relevant test, "in determining the value of benefit, one may take its cost into consideration" (p. 6325). ...

When a vessel of the taxpayer ceased to be operational due to a need for major repairs, the taxpayer agreed with the charterer to cancel the charter party in consideration for the payment by the taxpayer of $130,203.44, thereby eliminating potential substantial claims by the charterer. ...

., 99 DTC 5772 (FCA)-- summary under Subsection 97(2) Summary Under Tax Topics- Income Tax Act- Section 97- Subsection 97(2) partnership not transparent re partnership borrowing to pay vendor partner The taxpayer transferred land to a partnership for consideration of $13.5 million which was satisfied by that amount being paid by the partnership, out of new partnership borrowings in excess of that amount, in order to discharge a mortgage owing by the taxpayer prior to the transfer on the transferred land. ...

The Queen, 2006 DTC 3006, 2006 TCC 256-- summary under Subsection 245(4) Summary Under Tax Topics- Income Tax Act- Section 245- Subsection 245(4) The taxpayer transferred assets of a business to a partnership in what was intended to be an s. 97(2) rollover transactions in consideration for cash, promissory notes and assumption of debt ("boot") totalling an amount less than the cost amount of the transferred assets, and a Class "F" partnership interest stipulated to have a value equal to the balance of the purchase price. ...

He concluded (at para. 38) that "the system of submission of claims does not constitute an ‘invoice'…[and] the moment when the consideration for the taxable supply becomes due is the moment when the manufacturer approves the claim. ...