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Results 11661 - 11670 of 14763 for considered
SCC
Johns-Manville Canada v. The Queen, 85 DTC 5373, [1985] 2 CTC 111, [1985] 2 S.C.R. 46
He stated, at 363: There are, I think, three matters to be considered, (a) the character of the advantage sought, and in this its lasting qualities may play a part, (b) the manner in which it is to be used, relied upon or enjoyed, and in this and under the former head recurrence may play its part, and (c) the means adopted to obtain it; that is, by providing a periodical reward or outlay to cover its use or enjoyment for periods commensurate with the payment or by making a final provision or payment so as to secure future use or enjoyment. On the preceding page, His Lordship, in explaining the test from another aspect, said:... the expenditure is to be considered of a revenue nature if its purpose brings it within the very wide class of things which in the aggregate form the the constant demand which must be answered out of the returns of a trade or its circulating capital and that actual recurrence of the specific thing need not take place or be expected as likely. ... At one time it was considered helpful to identify the funds expended as either "circulating capital” or “fixed capital”. ...
FCA
Zen v. Canada (National Revenue), 2010 DTC 5109 [at at 6979], 2010 FCA 180
This issue has not previously been considered by this Court. (i) Appellant’s argument [16] Counsel conceded that it is open to the Minister to issue a notice of assessment to Mr Zen for the amount of interest that has accrued since the 1986 assessment was issued. ... However, one other issue remains to be considered. Subsection 227(10) provides that, when the Minister assesses the amount payable by a director under subsection 227.1(1) and sends a notice of assessment, “Divisions I and J of Part I apply with any modifications that the circumstances require.” ... [50] The current legislative phrase, “with any modifications that the circumstances require”, has been considered in Lord Rothermere Donation v. ...
TCC
Sherman v. The Queen, 2008 DTC 3069, 2008 TCC 186, aff'd 2009 DTC 5681, 2009 FCA 9
The Queen, 2001 D.T.C. 5505, the Supreme Court of Canada considered a similar income-earning purpose test found in s. 20(1)(c) of the Act, which deals with the deduction of interest. ... Sherman had a pre-existing informal arrangement to use the software and there is no reason to believe that it was considered necessary to formalize this arrangement ... Accordingly, if the software has a nominal value, the appellants cannot be considered to have incurred an absolute obligation to pay $1,800,000 ...
FCTD
Thibodeau Family Trust v. The Queen, 78 DTC 6376, [1978] CTC 539 (FCTD)
It remains to be considered whether the present case falls within that rule. ... (The sale of these shares was made at a time so close to Valuation Day that the value on that day and on the day of sale were considered to be the same in so far as the majority interest in the shares was concerned.) ...
TCC
McLarty v. The Queen, 2005 DTC 217, 2005 TCC 55, rev'd 2006 DTC 6340, 2006 FCA 152, aff'd supra.
The Queen [15] the Federal Court of Appeal considered whether the taxpayer was entitled to deduct the full cost of work completed by the subcontractors that year even though a portion of the payments were held back until the workers produced clearance certificates from the Workers' Compensation Board. [43] Justice Sharlow held that the payments were not contingent liabilities. ... The Queen [23] McArthur J. discussed the factors to be considered in determining whether there is an arm's length transaction. ... McCombs, he looked at the replacement cost of the Data and considered the fact that it was likely he could have the Data shot at a reduced price because the market was depressed and crews were looking for business. ...
FCTD
Teletech Canada, Inc. v. Canada (National Revenue), 2013 DTC 5110 [at at 6090], 2013 FC 572
[37] The Letter concluded by advising TeleTech Canada that it considered the case to be closed. ... [51] T he CRA clearly considered TeleTech Canada’s First Request, and rejected it. ... For the purposes of paragraph 6 and this paragraph, the following rules and definitions shall apply: (a) The term “concerned person” means the presenter of a case to a competent authority for consideration under this Article and all other persons, if any, whose tax liability to either Contracting State may be directly affected by a mutual agreement arising from that consideration; (b) The “commencement date” for a case is the earliest date on which the information necessary to undertake substantive consideration for a mutual agreement has been received by both competent authorities; (c) Arbitration proceedings in a case shall begin on the later of: (i) Two years after the commencement date of that case, unless both competent authorities have previously agreed to a different date, and (ii) The earliest date upon which the agreement required by subparagraph (d) has been received by both competent authorities; (d) The concerned person(s), and their authorized representatives or agents, must agree prior to the beginning of arbitration proceedings not to disclose to any other person any information received during the course of the arbitration proceeding from either Contracting State or the arbitration board, other than the determination of such board; (e) Unless a concerned person does not accept the determination of an arbitration board, the determination shall constitute a resolution by mutual agreement under this Article and shall be binding on both Contracting States with respect to that case; and (f) For purposes of an arbitration proceeding under paragraph 6 and this paragraph, the members of the arbitration board and their staffs shall be considered “persons or authorities” to whom information may be disclosed under Article XXVII (Exchange of Information) of this Convention. ...
SCC
Wilson v. Minister of National Revenue, 55 DTC 1065, [1955] CTC 87, [1955] S.C.R. 352
Attorney General, [1901] A.C. 26, Lord Davey, in referring to the scheme of United Kingdom Income Tax Acts, said at p. 42: “It was, no doubt, considered that the real income of an owner of incumbered property, or of property charged, say, with an annuity under a will, is the annual income of the property less the interest on the incumbrance or the annuity; and the mortgagee or annuitant and the owner of the property are, in a sense, entitled between them to the income...” ... Justice Williams, in referring to the Eg ert on-Warburton case, supra, after stating that the payments to Just Brothers were of a capital nature, continued at p. 279: ‘‘In these circumstances their Honours evidently considered that the annuities, being charged on the land and payable during the lives of the father and mother, were in the nature of rents which the sons had to pay during this period in order to occupy the land and carry on their business.” ... It was a term of the will that, should the appellant fail to carry out these conditions, the trustees were to sell the business and the premises, retain and invest such portion of the proceeds as they considered necessary to provide for the $500 payable monthly to Mrs. ...
TCC
Golden v. The Queen, 2008 DTC 3363, 2008 TCC 173
(at paragraph 15), Arbour J. identifies some of the matters to be considered in the exercise of judicial discretion: The body of law dealing with the relitigation of issues finally decided in previous judicial proceedings is not only complex; it is also at the heart of the administration of justice. ... Garber, 2008 DTC 6154, considered that abuse of process could apply to prevent relitigation of an issue in a tax appeal that had been determined in a criminal fraud case against the promoters of the tax shelter in question. ... [15] Although I note that spouses have been considered privies for issue estoppel purposes in some cases. ...
TCC
On-Line Finance & Leasing Corporation v. Canada, 2010 DTC 1325 [at at 4243], 2010 TCC 475
Second, where extrinsic evidence may be considered, that evidence must pertain to the “surrounding circumstances which were prevalent at the time”. ... I also note that I always considered that the reasons in my Court Order, on the Respondent’s Preliminary Motion respecting the introduction of extrinsic evidence, applied equally to both parties in these appeals. ... An assignment of the entire term is a disposition of property and the consideration for that disposition constitutes a receipt on income or capital account, depending on the circumstances. … [61] If an absolute assignment can be considered a disposition, then the question that must be answered is whether the Respondent’s characterization is accurate. ...
TCC
Laplante v. The Queen, 96 DTC 1196, [1995] 1 CTC 2647 (TCC)
As such the appellant should be considered a limited partner thus giving credence to the reassessments. ... The second consideration is whether or not the appellant exercised such a degree of control in the operation that he would not be considered a limited partner even though he might have thought he qualified as such. ... Counsel for the appellants acknowledged that the use of the condominium may be considered to have an element of personal use and benefit. ...