Search - considered

However, the Crown's assumption of fact that there had been a change of use in 1986 had been thoroughly demolished, and the alternative that the property remained capital throughout had not been advanced by either party, so he considered himself bound to accept the admission made by counsel for the taxpayers that there had been a change of use on January 1, 1992 giving rise to a deemed disposition at fair market value. ...

Watson D.J.TC held that although the outright acceptance of this offer by the taxpayer may very well have resulted in him being considered to have received a retiring allowance or a s. 56(2) benefit, no such entitlement to a retiring allowance occurred. ...

Watson D.J.TC held that although the outright acceptance of this offer by the taxpayer may very well have resulted in him being considered to have received a retiring allowance or a s. 56(2) benefit, no such entitlement to a retiring allowance occurred. ...

Poulin, 96 DTC 6477, 204 N.R. 376 (FCA)-- summary under Start-Up and Liquidation Costs Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Start-Up and Liquidation Costs business does not cease if still dealing with consequences of business acts Before finding that a real estate agent could not deduct legal expenses incurred in defending a suit alleging fraud and misrepresentation while negotiating a real estate transaction, and with the damages being paid by the agent three years after he ceased to act as a broker, Marceau J.A. stated that the agent “cannot be considered to have ceased his activities as a broker as long as he was engaged in completing the things he had done in carrying on his profession, even though at that point he was no longer carrying on business and could no longer act on behalf of clients.” ...

The evidence established "that it was considered good business practice for a trust company to have its business getting officers become members of social clubs and pay their admission fees and annual membership dues" (p. 1061). ...

The Queen, 2006 DTC 2642, 2006 TCC 230-- summary under Paragraph 251(1)(c) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(1)- Paragraph 251(1)(c) parties pursued their own interests Before going on to find that the taxpayer had purchased a sublicence of software from a person with whom he was dealing at arm's length (and rejecting a submission of the Crown that the fact that the software was sold for a fixed price without negotiation by the taxpayer was evidence of non-arm's length dealing) Bell J. stated (at p. 2654): "The fact that the parties considered that they had entered into a mutually beneficial relationship when, at the same time, they were pursuing their own individual interests and were free, without either of them being controlled by the other, to enter or not enter into that relationship means that they were dealing with each other at arm's length as a matter of fact. ...

Since the valuation question was not considered or raised by the Minister until later, the onus respecting value was on the Minister. ...

In finding that former s. 245(1) did not apply, Tremblay-Lamer J. stated (at p. 6099): "In the case at bar, Parliament had considered the acquisition and disposition of non-qualified investments. ...

Lamarre TCJ. stated (at p. 1883): "Testing would not normally be considered as an eligible SR&ED activity. ...

.)-- summary under Paragraph 108(2)(b) Summary Under Tax Topics- Income Tax Act- 101-110- Section 108- Subsection 108(2)- Paragraph 108(2)(b) A clause in a deed of settlement directing the trustees to hold the trust fund "for the purpose of investing such funds in any shares stocks property or property holding company as the trustees in their discretion shall considered to be in the best interest of Sheila" was found to authorize the trustees to invest in any shares, any stock, or any property. ...