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Canada, 2003 DTC 5715, 2003 FCA 423-- summary under Payment & Receipt Summary Under Tax Topics- General Concepts- Payment & Receipt application of payment by creditor The quantum of the taxpayer's liability under s. 160 turned upon whether a bankruptcy dividend received by the Crown from the trustee in bankruptcy for her husband should be considered to reduce the tax liability of her husband at the time he made contributions to her RRSP rather than being applied to more recent tax liabilities. ...

Given that its principal object was to provide pensions to retired employees, its principal (or most important) activities must be considered to be those that contributed most to achieving those objects and it could not accomplish its objects without the collection of the employer and employee contributions, and the computation of payment of payment benefits to retirees; whereas it could, at least in theory, have collected contributions and paid them out to retirees without ever investing its funds. ...

MNR, 87 DTC 5025, [1986] 2 CTC 200 (FCA)-- summary under Subsection 5(1) Summary Under Tax Topics- Income Tax Act- Section 5- Subsection 5(1) tests distinguishing contract of service and for services It was stated that no single test is determinative for the purpose of distinguishing a contract of service from a contract for services, although it was stated that the best synthesis is that in Market Investigations where Cooke, J. stated that factors to be considered in determining whether the person who has engaged himself to perform the services is performing them as a person in business on his own account include absence of control over the way in which he performs the services and whether he provides his own equipment, whether he hires his own helpers, what degree of financial risk has been taken and whether he has an opportunity of profiting from sound management in the performance of his task. ...

In responding to a Crown's contention that the damage award could be considered to be incurred on capital account, Rothstein J.A. indicated (at pp. 6214-6215) that "the finding of fact of the learned Tax Court Judge that the appellant's object in breaching the agreement was to keep his clients and business is conclusive. ...

In responding to a Crown's contention that the damage award could be considered to be incurred on capital account, Rothstein J.A. indicated that "the finding of fact of the learned Tax Court Judge that the appellant's object in breaching the agreement was to keep his clients in business is conclusive. ...

The Queen, 2002 DTC 2110 (TCC)-- summary under Proceeds of Disposition Summary Under Tax Topics- Income Tax Act- Section 54- Proceeds of Disposition The taxpayer, which was a Canadian natural gas producer, received a lump sum as compensation for the losses it was considered to have suffered as a result of the cancellation of long-term natural gas supply contracts it had entered into with one purchaser ("A&S"), with the result that it thereafter was to sell its natural gas under short-term gas supply contracts and under a continuation of modified versions of existing sales arrangements. ...

Even if this conclusion were incorrect, the taxpayer would have been considered to have acquired separate depreciable assets (i.e., the new engines, generators and hydraulic, electronic and navigational equipment and running gear installed in the vessel). ...

When paragraph 95(6)(b) is triggered, it affects whether a particular share acquisition or disposition should be considered when computing income. ...

He stated (at para. 28): A fraudulent scheme from beginning to end or a sting operation, if that be the case, cannot give rise to a source of income from the victim's point of view and hence cannot be considered as a business under any definition. ...

Woods J. stated that this argument would assist the taxpayer "only if the cessation of [the] business was considered to be temporary sometime after December 31, 2006" (para. 13). ...