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Antosko, 94 DTC 6314, [1994] 2 S.C.R. 312, [1994] 2 CTC 25-- summary under Subsection 20(14) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(14) On March 1, 1975 the taxpayers acquired all of the common shares of the New Brunswick Industrial Finance Board in a company that manufactured charcoal briquettes for $1 and agreed to operate the company for the following two years in consideration for the agreement of the Board to postpone the obligation to pay principal and interest in excess of $5 million of indebtedness owing by the Company to the Board, and the Board's agreement that upon expiration of the two-year period it would sell such indebtedness and accrued interest to the taxpayers for $10. ...

The Queen, 82 DTC 6080, [1982] CTC 74 (FCA)-- summary under Paragraph 12(1)(c) Summary Under Tax Topics- Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(c) parties were entitled to treat conditional interest, when paid, as having retrospective absolute effect The deceased taxpayer sold a company in 1968 in consideration for an initial payment of $660,000 and three additional annual payments based on the audited net profits of the company for the three subsequent years, but with such additional payments not to exceed $1,200,000. ...

The interposition of WHA does not, by some alchemy, transmute the discharge of the insurer's obligation to the insured into the consideration for a service provided to the reinsurer's agent. ...

., "the laying of a charge, an arrest, a summons to appear before a court of criminal jurisdiction, and…a criminal record" (para. 63), stated that although "if the amount at issue is out of proportion to the amount required to achieve regulatory purposes, this consideration suggests that it will constitute a true penal consequence" (para. 77), "the magnitude of penalties under s. 163.2(4) is directly tied to the objective of deterring non-compliance with the ITA" (para. 84) and found after referencing her "dishonesty" and "complete disregard of the law" that "the magnitude reflects the objective of deterring conduct of the type she engaged in" (para. 88). ...

She then stated (at para. 53): I therefore read Duha Printers as holding that once the conditions set out in section 146(1) of the CBCA have been fulfilled, the Agreement qualifies as a USA and the two types of restrictions described at item (3)(c) of paragraph 85 must be taken into consideration when determining who has de jure control of the Corporation. ...

Merritt Estate, 69 DTC 5159, [1969] CTC 207 (Ex Ct)-- summary under Paragraph 251(1)(c) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(1)- Paragraph 251(1)(c) relevant time: when directions given The deceased, in one of his sober moments, agreed with his son's professional adviser that in order to protect his investments from further depletion due to the imprudent decisions to which he was prone, he should transfer those assets to a newly-incorporated corporation to be owned by his son and daughter in consideration for an annuity and a 25-year debenture of the corporation bearing interest at 3% (at a time at which Canada bonds yielded 4.83%). ...

In finding that the VAT paid on the agent's fee qualified for deduction as input tax in respect of the supply to the developer of services, Lord Hope indicated (at p. 6) that the matter was to be looked at from the standpoint of the person who is claiming the deduction by way of input tax and, that the relevant question was: "Was something being done for him for which, in the course of furtherance of the business carried on by him, he has had to pay a consideration which has attracted VAT? ...

After finding that the registrant's $15 fees to the travel agencies qualified as consideration for services described under paras. ...

The Queen, 2001 DTC 345 (TCC), briefly aff'd 2002 DTC 7378, 2002 FCA 336-- summary under Paragraph 227(8)(a) Summary Under Tax Topics- Income Tax Act- Section 227- Subsection 227(8)- Paragraph 227(8)(a) due diligence defence not established in absence of evidence of professional advice Before finding that a due diligence defence had not been made out respecting the imposition of a 10% penalty under s. 227(8)(a) respecting failure to withold on consideration, paid to a non-resident company ("Marco"), which the taxpayer unsuccessfully argued was not for "services," and after noting (at para. 40) that a due diligence defence, based on Consolidated Canadian Contractors, was available if it could be made out on the facts, Lamarre J stated (at paras. 41-43): The issue then becomes one of whether the appellants can positively prove that all reasonable care was exercised to ensure that errors not be made (see Pillar Oilfield Projects Ltd. v. ...

The Minister considered that the Fund obligations to pay the Management Fee Distributions to the large investors was part of the consideration that the Funds provided in exchange for the appellant's services, and assessed the appellant for failure to charge GST on the gross amounts. ...