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The Company hereby agrees in consideration of the said sale to it, to pay to the said Vendor the sum of Five Thousand ($5,000) dollars in cash upon the execution of this Agreement by the Company, and to issue to the Vendor or her nominee certificates of stock of the Company to the aggregate amount of twenty-five thousand shares of the par value of One Dollar each and the said shares shall be deemed to be and are hereby declared to be fully paid shares and not liable to any call thereon, and the holder of such stock shall not be liable to any further payment thereon. “3. The Company hereby further agrees in consideration of the said sale to deliver to the Order of the said Vendor the royalty hereby reserved to the Vendor, namely; ten per cent of all the petroleum, natural £as, and oil, produced and saved from the said lands free of costs to the said Vendor on the said premises. ... In the event of oil or gas being discovered in commercial quantities on the said lands the Vendor as part of the consideration for this Agreement, covenants to transfer to the said Company by good and sufficient transfer in fee simple the said twenty acres of land freed and discharged from all encumbrances and also shall transfer to the said Company by good and sufficient transfer in fee simple, freed and discharged from all encumbrances the South twenty acres of the North West Quarter of Section twenty-four (24), Township twenty (20), Range three (3), West of the 5th Meridian, and such transfers shall be completed and delivered forthwith after oil or gas is discovered in commercial quantities by the said Company, reserving always however to the Vendor the said Royalty of ten per cent of all petroleum, natural gas and oil in respect to the South twenty acres of the N.W. 4 of Section 13, Township 20, Range 3, West of the 5th Meridian, and also free access on and over all said lands described-in this paragraph to an extent not exceeding three trails and the location of the said trails shall be selected by the Vendor. ...

In the early part of that year, Atlas Coal Company Limited was in financial difficuties and some time in April it assigned and transferred unto National Securities Limited all its right, title and interest in and to the said leases for certain considerations which have no materiality herein and which accordingly I need not relate. ... Eaton) for a term of five years from the first of July, 1929, for and in consideration of a rental of $10,000 a year and a royalty of ten cents per ton on all coal mined. ... On August 18, 1930, the original subtenants, namely, the appellant, his wife, his son, his daughter-in-law, his daughter and his son-in-law, transferred. their interest in the sublease to Atlas Coal Company Limited in consideration of shares in the company, to be allotted as follows: to appellant 83 shares; to appellant’s wife, 82 shares; to Lorraine Patrick, 83 shares; to Gertrude U. ...

To answer the questions involves a consideration of the intention of the testator in so far as it can be ascertained from the will itself, and the knowledge which the testator can be presumed to have had at the date of making his will. ... It must be remembered that the English Act is different from ours and income tax in the narrow sense means a certain definite percentage levied on the whole of the income before consideration is given to supertax, or, as it becomes known later, surtax. ... The view which I have taken of the matter naturally brings up for consideration another important question. ...

Ltd. was incorporated and the respondent Company transferred to the Broadcasting Company certain capital assets including land, buildings and equipment used in eonnection with the operation of the broadcasting branch of the business, The respondent Company received as consideration for such transfer $200,000 in bonds of the Broadcasting Company as well as the entire issued capital stock. ... "The Broadcasting Company carried on the business of radio broadcasting thereafter (particularly in the year 1939 which is the year under consideration in this ease) operating radio station CFRB and was assessed for business assessment in respect of the premises occupied by it for this purpose at 37 Bloor St. ... The income assessed, and the subject of this appeal has its origin in bonds of $200,000 issued by the Broadcasting Corporation, hereafter referred to as B.C., and by it delivered to the respondent in consideration of the sale or transfer by that company to the B.C. if the lands, buildings and equipment formerly used by the respondent in connection with its business. ...

The first question that arises, therefore, for consideration, is whether, on the agreed facts, this company did during the taxation year 1940, carry on business operations entirely outside of Canada, or whether in the alternative, it did carry on some business operations in Canada, and it is clear to me that if it did carry on business operations in Canada in 1940, then it is not such a company as is described in the subsection and is, therefore, not entitled to the exemption provided for in that section. ... So that I have to give consideration to the question as to whether the assets of this company are situate entirely outside of Canada, and I exclude from consideration for the moment any reference to securities acquired by the investment of accumulated income and bank deposits, which, as I recall at the moment, aggregated in 1940 the sum of about $98,000.00. ...

Omitting for the moment any consideration as to the meaning of the word "‘its’’, I think it is clear that while the appellant had complete control of the three companies before January 1, 1938, by reason of owning all their shares, the appellant did not ‘‘acquire’’ their businesses as going concerns until 1941 and 1942 until it took over all their assets and business and merged them in its own. ... From a consideration of these facts, I do not think it can be said that the appellant company ‘‘acquired its business’’ after January 1, 1938. ... The intent of sec. 4(2) may be gathered from consideration of the whole Act. ...

Lawson’s letters of May 14 and June 4, 1946, excepting allowance for Income Tax and situation respecting lease, as Assistant Deputy Attorney-General has ruled that these should not be considered 17,407.40 $156,666.60” The petitioner submits: (1) That the value of the said interest in the said lease should be the fair market value thereof at the date of death of the deceased; (2) That the Suecession Duty Department erred in valuing the interest of the deceased in the rentals to be received from the said lease as an annuity and of basing the value thereof on expectation of life: (3) That the moneys to be received by the estate of the deceased whilst forming a portion of the capital of the said estate constitute income for income tax purposes in the hands of the executrix of the said estate and that the market value thereof is a figure to be determined after deduction of the income taxes which may be levied in respect thereof; (4) That the department in so valuing the said rentals has failed to take into consideration the following facts which would affect the rental value of the said premises: (a) That the lessees of the lands covered by the said lease might meet with competition from various new business; (b) That by reason of the existence and registration of the bond issues created by Woodward’s Stores Limited the value of the leasehold premises is reduced as in the event of foreclosure thereof the business of Woodward’s Stores Limited might get into the hands of people who were not capable of managing it properly; (c) That the centre of business activity in Vancouver might change; (d) The risk of destruction of the building by fire, earthquake, bomb or loss by expropriation for Dominion, municipal or provincial purposes; (e) The possible requirement of extensive repairs for the purpose of safety, which repairs might not be chargeable to the tenant; (f) The possibility of the lessor being obliged to re-enter and let to others at a considerably less rental. ... I certainly do not know how it is the primary consideration here. The question is then raised as to whether ‘‘in truth the interest is within the words future income or interest as used in sec. 3”, which makes such future income or interest subject to the provisions of sec. 19, both being sections of the Succession Duty Act. ... This leaves out of consideration the main feature of the interest, that is, that it is an interest pur autre vie. ...

The evidence adduced by counsel for the plaintiff consisted of (a) the examination for discovery of an officer of the defendant corporation; (b) the letter written by the Assistant Deputy Minister of National Revenue to the defendant dated August 17, 1948, in which the defendant was notified that the Department had under consideration a proposed assessment against the defendant for sales tax for the period November 1, 1947, to May 31, 1948; that full details of the proposed assessment could be obtained at the Vancouver office of the Department; that the defendant could make such representations in regard thereto as it thought fit until September 8, 1948; and that thereafter and following consideration of the matter an assessment would be made under section 113(8) of the Act for such amount of sales tax as might be payable. ... Ltd., Vancouver, B.C., for representations regarding or objections to a proposed assessment for sales tax in the amount of $1,388.75 for the period from November 1st, 1947, to May 31st, 1948, and after making further enquiries and having given full consideration to the matter and being of the opinion that the said Pacific Bedding Co. ...

You must take into consideration the deduction limit and the amount of unused contributions before contributing to your RRSP account. ... The reasons provided by the Minister are clear and demonstrate a rational chain of analysis and a full consideration of the facts and information provided to them in respect of the First and Second Level Requests to waive the Part X.1 tax. ... The Respondent did not provide submissions with respect to the quantum of costs nor did they provide the Court with a specific amount. [30] In consideration of the circumstances of this application, and after considering the Rules Tariff B, I am satisfied that an award of $1,000.00 is reasonable.   ...

[10] Can the appellant’s symptoms of depression and personal situation be taken into consideration and, if so, are they sufficient in this case to waive the penalties imposed by the Minister? ... R., Chief Justice Rip, as he then was, established the following regarding the scope of the term “retiring allowance”: 15 The appellant submitted that since the payment originated with the Province and consideration did not flow from employment or from the employment contract the receipt is not caught by the definition of “retiring allowance”. ... The Court has no difficulty in finding this part of his testimony credible. [35] As unfortunate as the situation may have been, and regardless of the sympathy the Court may have, these considerations are far from sufficient to waive the penalties imposed under subsection 163(2) of the ITA. ...