Search - consideration

They claim he followed the policy’s direction not to reassess a statute-barred return if the request is made as a result of a court decision as a complete bar to the Applicants’ relief requests, ignoring other relevant considerations. ... The record shows that this consideration was the primary, and in reality probably only, reason for the denial of reassessment of Ms. ... However, the reassessment provisions are discretionary in nature and strict policy adherence to refuse an adjustment related to an adverse court decision without proper consideration of the specific circumstances of the request would be an inappropriate use of discretion. ...

The appellant oil com­pany incurred drilling and exploration expenses in excess of its income prior to 1960 when its parent company acquired substantially all of its property in consideration of the cancellation of a debt due. ... On November 30, 1960, the parent company, Sharples Oil Corporation, acquired sub­stantially all of the property of the appellant in consideration for the cancellation of a debt owing to it by the appellant. ... On that construction, if the transferee was a subsisting oil company it would, without any consideration therefor, obtain this valuable right in addition to the properties conveyed. ...

The total consideration paid by CRC for the "seismic business" was $21,000,000, $20,999,998 of which was allocated to the Data Library. This consideration was satisfied by $2,375,000 in cash and a debenture for $18,625,000. ... The Note, along with $15,000 in cash, was the portion of the total consideration used to acquire the respondent's 1.57% undivided interest in the Data. [11]            In accordance with the Joint Venture Agreement, Sapieha began the process of setting up an oil and gas business. ...

Lastly, I will address the policy considerations raised by the Bank. A.   ... Weisflock in consideration for the transfer of his house to a third party constituted “proceeds” of property that was the subject matter of the deemed trust. ... Policy Considerations [58]   The Bank also raised a number of arguments that may be classified as policy or fairness arguments. ...

Counsel for the plaintiff argues that the dividend payment to Ruby Neuman was an attempt at tax avoidance (income splitting) and not the product of a business arrangement made for adequate consideration. ... The determination of law applicable to the case at bar requires a consideration of the findings of the Supreme Court in McClurg. ... In my view, the reference to “quid pro quo" is related to the qualification that for subsection 56(2) to be applicable, a payment made must be a "benefit" and not a payment for adequate consideration. ...

How previous profits were treated is another consideration: Elgara Enterprises Ltd. v. ... Whether the properties are revenue-producing is a consideration: Colville-Reeves v. ... Other cases presented for the Court's consideration by the appellants’ counsel: Power v. ...

When Neuman was examined as to the specific considerations which went into the declaration of dividends by Melru on December 8, 1982, the following exchange took place: Mr. ... Just to understand correctly, what specific considerations went into the formulation of those amounts, $5,000 and $14,800? ... Such dicta, though entitled to the respect due to the speaker, may fairly be disregarded by judges before whom the point has been raised and argued in a way to bring it under much fuller consideration. ...

Manoukian paid consideration of any kind. [46] As for the assessment issued against 9194, according to the respondent, Mr. ... Manoukian argues that she paid off her husband’s debts and, as such, paid consideration for the undivided share transferred to her by her husband. ... Manoukian, I cannot accept her claim that she paid consideration in return for her husband’s undivided share in the residential property. ...

McDermott described the three-part consideration Falconbridge would pay to DFR: the equity shares, the subordinate voting shares and the diamond notes. ... Falconbridge did not match the price Inco proposed to acquire DFR but restructured the forms of consideration offered. ... The main consideration in Ikea is that commercial purpose of the payment and its relationship to the business operations of the recipient. ...

Pursuant to subsection 74.5(1) of the ITA, these attribution rules do not apply if the individual receives consideration equal to the FMV in exchange for the shares. (31) Thus, only the capital gain that Ms. ... Vitté with a consideration for services rendered to Creaform. (47) Despite this, contradictions in the testimony provided by the appellant and Ms. ... Indeed, the proceeds from the sale of the shares that she had purchased were remitted in full to repay the note she issued to the appellant in consideration for the shares. ...