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In addition, he considered s. 230(2)  , which identifies information that is specifically required to be kept by charities, and held that the information at issue was covered by this provision. ... The CRA has issued “Requirement Guidelines” which outline steps to be taken to obtain information during an audit when information considered necessary by the CRA is not voluntarily forthcoming.  ...

He considered the project idea to be viable and worked with Roth on same. ... R. 2003 DTC 5225 the Federal Court of Appeal analyzed whether the right to compete would be considered to be “property” within the meaning of the definition of that word in the Act.   ...

Where a corporation resident in Canada has received a taxable dividend in respect of which it is entitled to a deduction under subsection 112(1) or (2) or 138(6) as part of a transaction or event or a series of transactions or events, one of the purposes of which (or, in the case of a dividend under subsection 84(3), one of the results of which) was to effect a significant reduction in the portion of the capital gain that, but for the dividend, would have been realized on a disposition at fair market value of any share of capital stock immediately before the dividend and that could reasonably be considered to be attributable to anything other than income earned or realized by any corporation after 1971 and before the safe-income determination time for the transaction, event or series, notwithstanding any other section of this Act, the amount of the dividend (other than the portion of it, if any, subject to tax under Part IV that is not refunded as a consequence of the payment of a dividend to a corporation where the payment is part of the series) (a)         shall be deemed not to be a dividend received by the corporation; (b)         where a corporation has disposed of the share, shall be deemed to be proceeds of disposition of the share except to the extent that it is otherwise included in computing such proceeds; and (c)         where a corporation has not disposed of the share, shall be deemed to be a gain of the corporation for the year in which the dividend was received from the disposition of a capital property. ... These rules will ensure that where it can reasonably be considered that one of the main purposes of a tax-free intercorporate dividend was to reduce the proceeds on a disposition of a share, the capital gain otherwise determined will be adjusted to reflect the extent to which aggregate tax-free dividends have exceeded post-1971 taxed retained earnings. [28]     In 729658 Alberta Ltd. v. ...

Presently, this singular issue has not been directly considered by any Canadian court.   ... Aside from minor authority in obiter dicta, courts have not considered whether paragraph 152(4)(a) requires fraud or only misrepresentation in the supply of information under the Act: Cooper v Canada, [1998] TCJ No. 919 (QL), [1999] 1 CTC 2312, and Ridge Run Developments Inc. v Canada, 2007 TCC 68, 2007 DTC 734. ...

The scope of s. 231.1 has not previously been considered by the courts in the circumstances raised by this Application. ... The audit team identified issues considered to be high risk for the oil and gas industry and for BP in particular. ...

The fact that the insurance company paid the final benefit confirms that it considered the fire to be accidental. ...   [83]          The Appellant Corporation's appeal is allowed for the 2001 taxation year; it will be taken into account that the gain realized through the disposition of the Immovable on Lake Mondor must be considered a capital gain. ...

Tuli, the appellant’s technical expert, considered the attempted functionality accomplished in 2008, and accordingly released the printer onto the market, the technological uncertainty at the system/printer level had been resolved and could no longer exist in 2009 and 2010. [51]         Mr.  ... Various options were considered, the slip clutch was redesigned whereby the two surfaces of the clutch and the reel in contact with the felts would have a series of concentric interlocking grooves or ridges that would increase the effective surface area of the clutch. ...

SR & ED is defined in subsections 2900(1) and (2) of the Income Tax Regulations as follows: (1) For the purposes of this Part and paragraphs 37(7)(6) and 37.1(5)(e) of the Act, “scientific research and experimental development” means systematic investigation or search carried out in a field of science or technology by means of experiment or analysis, that is to say, (a) basic research, namely, work undertaken for the advancement of scientific knowledge without a specific practical application in view, (b) applied research, namely, work undertaken for the advancement of scientific knowledge with a specific practical application in view, or (c) development, namely, use of the results of basic or applied research for the purpose of creating new, or improving existing, materials, devices, products or processes, but does not include activities with respect to (d) market research or sales promotion; (e) quality control or routine testing of materials, devices or products; (f) research in the social sciences or the humanities; (g) prospecting, exploring or drilling for or producing minerals, petroleum or natural gas; (h) the commercial production of a new or improved material, device or product or the commercial use of a new or improved process; (i) style changes; or (j) routine data collection. (2) For the purposes of clauses 37(7)(c)(7)(B) and (h)() of the Act, the following expenditures are directly attributable to the prosecution of scientific research and experimental development: (a) the cost of materials consumed in such prosecution; (b) where an employee directly undertakes, supervises or supports such prosecution, the portion of the salaries or wages and related benefits paid to or for that employee that can reasonably be considered to relate thereto; and (c) other expenditures that are directly related to such prosecution and that would not have been incurred if such prosecution had not occurred. ... Different approaches were considered by the Department of National Revenue, specifically: (a) should the sale proceeds of the fabrics produced in the course of prosecuting the SR & ED be applied against the cost of SR & ED (the “netting” approach)? ...

  [9]               The Appellant’s counsel further argued that should the Court find that the Appellant is not entitled to a dividend refund:   (a)   if there is no refund under subsection 129(1), there can be no reduction of the RDTOH under paragraph 129(3)(d);   (b)   the modern approach to statutory interpretation suggests that the Act is to be read in its grammatical and ordinary sense and  harmoniously with its object and with the intention of Parliament;   (c)   the Department of Finance’s Technical Notes on section 129 [3] suggest that dividends do not exist until they are paid; the same approach should be used with the notion of refunds;   (d)   the ordinary meaning of dividend involves payment and receipt and so does the ordinary meaning of refund;   (e)   the correct meaning of the term “dividend refund” must respect the ordinary meaning of the word “refund”;   (f)    when considered in the context of other provisions of the Act, having regard to the intentions of Parliament, the ordinary meaning of the phrase “dividend refund” cannot be anything other than an amount received, receivable or credited; any other meaning would create absurdity and internal incoherence.             ... The appellant submitted that there should have been no interest charged for the period September 22, 1990 to April 1, 1992 because during that time the Minister was in fact a debtor to the appellant if the final determination of the refundable dividend was considered. ...

ASSUMPTIONS In forming our opinion of fair market value, we have assumed, in addition to the assumptions noted throughout this report, that: ·         the Trustee could not release any funds to the Agent in the event that the Mississauga property did not close; ·         SCP, the General Partner and Asia Pacific had no alternative source of financing (other than through the development project) to pay the Commission Receivable to the Agent; ·         it was difficult (given the market at the time and lack of lender confidence) to obtain financing for the Mississauga Property at the valuation date; ·         there were no contracts or agreements in effect or being negotiated at the valuation date which would have a material effect on the Commission Receivable, that have not been noted in this report; ·         the Agent accepted that it had an obligation to pay the subagents' commissions; ·         as a matter of law, the Agent had no right to enforce payment of the Commission Receivable as of the valuation date; and ·         there are no significant factors that bear on the fair market value of the Commission Receivable at the valuation date that we have not considered in reaching our conclusions as noted herein. ... They, unlike the Respondent's submissions, took into account a considered analysis of the pertinent facts described in Judge Bowman's words as, "the common sense and commercial reality". ...