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The Queen, 2003 DTC 245, 2003 TCC 82, aff'd 2003 FCA 367, 2003 DTC 5642-- summary under Business Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Business The taxpayer was not considered to be engaged in a business of making loans by virtue of the Canadian corporation of which it was a sole shareholder declaring a dividend and a stated capital reduction to be paid by way of the issuance of demand promissory notes. ...

The Queen, 95 DTC 5247, [1995] 1 CTC 333 (FCA)-- summary under Subsection 60.1(3) Summary Under Tax Topics- Income Tax Act- Section 60.1- Subsection 60.1(3) Minutes of settlement signed in 1989 in which the taxpayer's former spouse acknowledged that the taxpayer had paid to her "as and by way of maintenance during the calendar year 1988, the sum of $18,200" did not satisfy the requirement that the agreement provide that prior payments be considered to have been paid and received pursuant to the agreement. ...

Canada, 2003 DTC 5158, 2003 FCA 78 (FCA)-- summary under Business Source/Reasonable Expectation of Profit Summary Under Tax Topics- Income Tax Act- Section 3- Paragraph 3(a)- Business Source/Reasonable Expectation of Profit There was a personal element in the acquisition by the taxpayer of a cottage property close to that of his parents, and the Tax Court judge had properly considered all the evidence, including the fact that interest payments on the mortgage substantially exceeded gross rental revenue, in concluding that the taxpayer did not have a reasonable expectation of profit from the operation of renting the property. ...

It was stated that in drawing the distinction, the overall evidence must be considered taking into account those of the various tests that may be applicable. ...

The Queen, 2004 DTC 2232 (TCC)-- summary under Section 67 Summary Under Tax Topics- Income Tax Act- Section 67 Bonuses paid to children of the taxpayer's controlling shareholders that clearly were unreasonable in amount in relation to the services rendered by them were not deductible notwithstanding a position of the taxpayer (that was not accepted by Lamarre Proulx T.C.J.) that the bonuses should be attributed to the parent managers pursuant to s. 56(2) and, as a result, considered reasonable in relation to the services rendered by such managers. ...

Nepean, [1943] O.W.N. 352: "What was said there may be obiter, but it was the considered opinion of the Supreme Court of Canada, and we should respect it and follow it, even if we are not strictly bound by it. ...

Canada, 2020 FCA 47-- summary under Redundancy/reading in words Summary Under Tax Topics- Statutory Interpretation- Redundancy/reading in words presumption that Parliament was not speaking in vain The proposition that a note could not be a debt obligation because the amount to be paid was linked to the value of a portfolio would effectively mean that Parliament has spoken in vain in providing for a “debt […] that may reasonably be considered to derive its value […] from portfolio investments”. ...

Bernstein and Kamichik could hardly be considered as the payment of a dividend. ...

., 88 DTC 6025, [1988] 1 CTC 12 (FCTD)-- summary under Subsection 152(1) Summary Under Tax Topics- Income Tax Act- Section 152- Subsection 152(1) Since "each taxation year must be considered independently... it is difficult, if not impossible, to conceive how a reassessment for one taxation year can be taken to be superseded by a reassessment in respect of another taxation year. ...

The Queen, 95 DTC 5273, [1995] 1 CTC 382 (SCC)-- summary under Subsection 15(1) Summary Under Tax Topics- Other Legislation/Constitution- Charter (Constitution Act, 1982)- Subsection 15(1) S.56(1)(b), which required the inclusion of child maintenance payments in the hands of the recipient (in this case, the former wife of the payor) did not, when considered in conjunction with the corresponding deduction in s. 60(b) and in light of the requirement under family law to take the income tax position of the recipient into account, did not impose a burden on the recipient because there would be a corresponding gross-up for the amount of such tax in most instances and, because the income-splitting effect of the provisions made more resources available for the payment of maintenance. ...