Search - consideration

It may, I think, be said that the true character of the expenditure in question in this case is to be sought in a consideration of its immediate purpose...” per: Mr Justice Taylor The court held that legal expenses to defend against allegations reflecting on the integrity of those conducting the taxpayer company’s business were currently deductible. 3. ... This present situation might lend itself to similar consideration that the legal fees were only to restore the asset “goodwill” to its prior level of usefulness, taking into account any “damage” which might have resulted from the criminal charges. ...

Such restrictions may indeed be beyond the control of either the passenger or the carrier to vary contractually, but that is not the governing consideration. ... Whether there is any reason a selfticketed purchaser should benefit from a lower rate is a policy consideration for Parliament, not for the Courts, but it would not be unreasonable for Parliament to protect an air traveller who could not within the confines of an express ticket purchase a return fare. ...

However, in order to be successful in this case, the appellant must show that his reasonable expectation of profit from the farm was based on observation and an objective consideration of current and anticipated results from the farming operation. ... Although this is not a case of land being brought under cultivation for the first time, the auditor does not seem to have taken into consideration that the appellant had been trying to turn abandoned land into arable land since 1976. ...

I would also note, in the same context, that in this matter using the Court and the judgment which flows therefrom as a substitute for the normal reassessment procedures available to the Minister when he wished to adjust an assessment, must have been predicated on some consideration by the Minister, other than efficiency and effectiveness, although no such reason was provided to the Court. ... I would first deal with the basic assertion of counsel for the appellant, that the lack of experience and sophistication in business affairs should warrant consideration for this taxpayer’s claim. ...

A determination may be made after considering the factors set out in the Moldowan case as applied to other cases under consideration. ... From his evidence it was obvious, taking into consideration weekends, holidays, early morning and evening, that he devoted more hours on the average to the farm operations. ...

Justice Russel Zinn ruled as follows (Hermann at paras 13-14): The relocation to the UK, colourfully, but perhaps inaptly described by counsel as an External Flight Alternative, was never suggested by the Applicants and they had no notice from the officer that it was under consideration in their H&C application. They were unreasonably, and in my view illegally, denied the opportunity to make submissions on this rather unique consideration. [19] In the unusual circumstances of Hermann, the applicants’ potential hardship was not assessed against their home country, but another country to which they might have access. ...

Those personal consequences, when considered with the act made and the type of business carried on, are only a secondary consideration. The principal consideration is whether the legal fees were incurred to preserve and maintain the business. ...

This fact has been given consideration in this Final Estimate of Value. For tax purposes, the in-use value to the owner, which apparently is reflected in Mr McGough’s appraisal, is not an acceptable consideration of what constitutes fair market value. ...

The payment was made in consideration of a release from further obligations under the terms of the order of His Honour Judge Alfred Watts, QC. ... Mr Justice Locke at 96 and 1046 respectively stated: (Lump sum settlement) On June 30, 1950, when the child born of the marriage was less than eleven years old, the appellant made an arrangement with his wife whereby, in consideration of a sum of $4,000, she purported to release him of any further liability under the judgment. ...

The taxpayer does not believe that the Minister has given proper consideration to all the facts and is wrong in his determination of V-Day value by at least $40 per share. ... Mr Aldridge was of the opinion that if consideration were given to optimistic industry forecasts at December 31, 1971 (rather than some of the more modest forecasts also available and referenced by him), a purchaser might be willing to pay the $40.14 per share (roughly the mid-point between $37.50 and $43) which had been used in assessing by the Minister. ...