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The effects of an emphyteutic lease, although in an entirely different context, were considered by Noël, J, as he then was, in the case of Nathan Cohen and Hyman Zalkind v MNR, [1967] CTC 254; 67 DTC 5175, in which the lessee was held to be entitled to claim capital cost allowance under Class 3 (buildings) at the rate of 5% instead of under Class 13 (leasehold interests) at the annual rate of one-fortieth of its capital cost on a building already on property acquired by the appellants at a time when the 99-year emphyteutic lease still had 58 years to run. ... In order for an item of expenditure to be considered as a capital expenditure it is not necessary that it should have been made in order to acquire a tangible asset, itself of a depreciable nature. ... On the other hand, I do not believe that these expenses and costs can be considered as being a Capital outlay or loss. ...

From this it follows that the undervalue is not decisive of the nature of the transaction but that the character of the recipient must also be considered. If, however, this has to be considered, there is no reason for excluding from consideration any other relevant circumstance. ... The decision in the Julius Bendit case was of course given before the matter of gratuitous transfers of stock was considered in Sharkey (Inspector of Taxes) v. ...

But, how do we know that the provision was not repealed because it was considered useless? ... He also urged in alternative that if the payment is considered as income, it should be treated as income for the taxation year 1962 rather than 1963. ... It is thus clear that the matter of goodwill was considered in the drafting of the partnership agreement. ...

In this case, the income of ‘‘Q and Co.’’ was divided between the various persons who were considered to be partners, and in the proportions agreed upon by them. ... What the rights of the wives and daughters would have been had they been refused entry into the firm, or what they would have taken out in the event of a dissolution is here of no importance and need not be considered. ... But if the participation in profits is only one among other circumstances to be considered, it is wrong then to say that the participation in profits raises a presumption of partnership which has to be rebutted by something else; in such a case all the circumstances must be considered in order to ascertain the real intention of the parties before any conclusion is drawn.’’ ...

The Applicant argues that the Minister should have considered the unfairness to the donors participating in the same donation program. [40] Fourth, the Applicant argues that the Minister failed to consider and respond to his submissions regarding inequity and unfairness. ... The Memorandum explains that historically the Minister considered remission in “exceptional circumstances where tax relief is called for but an amendment is not the appropriate mechanism” or based on the “unintended consequences of legislation”. ... The Court found that the Assistant Commissioner erred by relying on “the principle that errors or omissions by tax professionals ‘are not considered extenuating circumstances for the purpose of remission’” and treating this as the complete answer to Mr. ...

Furthermore, in this case, the appellants themselves considered the transactions to be interconnected. ... Therefore, the Tax Court Judge in Morrison only considered whether Mr. ... As a result, they lacked the requisite donative intent to have their cash payments considered to be a gift. ...

The decisive point to review is undoubtedly the preamble of subsection 116(4). [82] Remedies under subsection 116(4) of the Rules may be considered by the Court only if the preamble is satisfied. ... Thus, under a plain reading of its wording, subsection 116(4) does not apply in cases of late service of one party’s answer to the other. [83] The preamble of subsection 116(4) of the Rules has been considered in cases under paragraph 116(4)(a). ... Lynch still refused to answer the Crown’s questions, citing reasons that were considered unfounded in law. ...

He first considered the applicable contract of employment, in this case, the governing collective agreement. ... I agree that the existing record is deficient when considered from the perspective of establishing this fact. ...

When he was asked in cross- examination if it was because dividends or salaries would be paid, the witness answered "no", only the cash flow had to be considered. ... M.N.R., [1993] 2 C.T.C. 123, 93 D.T.C. 5362 and more specifically at pages 125-26 (D.T.C. 5364-65): The Trial Division found that the loan to the respondent, even though made after the acquisition of the house, ought to be considered to have been made to enable or assist him to purchase that house since the loan was made pursuant to a commitment given by the lender to the respondent prior to the acquisition of the house. ...

  [20]         The Respondent’s counsel alleged that an individual cannot be considered to be an educational institution for the purpose of subparagraph 118.5(1)(a)(i) of the Act and he distinguished the Tarkowski decision by pointing out that the Mississauga School of Music was a school that was teaching the music courses and that Mateusz Tarkowski was tutored at the school by a teacher ...   [22]         I do not think that one‑hour piano lesson per week is sufficient for the Appellant’s son to be considered as being enrolled at an university, college or other educational institution providing courses at a post‑secondary level ...