Search - considered

After noting (at para. 12) that "in strict legal theory the true tenants under a lease entered into by a partnership are the individual partners existing as of the date of the lease", so that "the taxpayers paid themselves a tenant inducement" (para. 15), Robertson J.A. concluded (at para. 19) "that the agreement to pay the tenant inducement payment of $1.2 million was of no legal consequence and that it cannot be considered an outlay or expense made for the purpose of gaining or producing income". ...

The question whether a de facto director could be liable for remittance failures had not previously been considered. ...

The question whether a de facto director could be liable for remittance failures had not previously been considered. ...

Revenue Quebec considered that the credit note had not been issued "within a reasonable time," as required by s. 232(3). ...

Therefore, for U.S. tax purposes, GL&V was considered to have made loans directly to, and received interest directly from, Holdings. ...

": Respecting the position of Rothstein, J. who, in his dissenting reasons, stated (at para. 108) that "if there is a specific anti-avoidance rule [such, as here, s. 74.5(11)] that precludes the use of an enabling rule to avoid or reduce tax, then the GAAR will not apply", Lebel J. stated (at para. 45): "Where the language of and principles flowing from the GAAR apply to a transaction, the court should not refuse to apply it on the ground that a more specific provision- one that both the Minister and the taxpayers considered to be inapplicable throughout the proceedings- might also apply to the transaction. ...

Only where the nature of a taxpayer's venture contained elements which suggested that it could be considered a hobby or other personal pursuit did it become necessary to establish that the taxpayer had an objective intention of profit and that there was evidence of businesslike behaviour which supported that intention. ...

(The new non-resident holder of the notes was considered to deal with the taxpayer at arm's length.) ...

" After noting (at para. 40) that "in an income tax context, the phrase ‘carrying on business' is considered to require more activity than a single isolated transaction," she went on (at para. 41) to find that there was "no reason to depart from this reasoning for purposes of the ETA," so that the sale by NN Life also did not constitute a business. ...

Rents from property are generally considered to be income from property, but not if the owner so manages the renting as to make a business of it. … [S]ee Wertman …. ...