Search - considered

The existence of this hypothec is incomprehensible and is not justified in practice or in law unless contract D.I is considered to make Crane the full owner of the property as of December 19, 1995. ... Accordingly, the opposing parties could not oppose the seizure of the property, since they cannot be considered the owners of that property. ... They cannot therefore be considered the owners of this property as well. ...

The Appellant testified that he considered his research projects to be an integral part of his obligations both as a faculty member and under his contract of employment. ... There is nothing in the relevant Articles of the Agreement to suggest that either the employer or the employee considered a sabbatical salary to be a grant or fellowship or any other form of remuneration. I am also unable to accept the Appellant’s submission that the receipt of these monies could be considered both as income from an office or employment under paragraph 6(1)6?) ...

It appears rather that the arrangement setting up the “debt’’ in 1959 was not considered “bona tide”, and neither was there a “bona fide” business transaction in the year 1969 which would have established a legitimate basis for payment of any obligation in that “taxation year”. ... Rather, I am led to believe that the promise to pay (in whatever form) given not at arm's length and/or without realizable security, could not be considered an appropriation, and did not constitute a benefit or advantage conferred. ... The transaction in question is not considered by the Board to be “bona fide” under paragraph 8(1)(a) of the Income Tax Act, and the assessments by the Minister are sustained. ...

However, Price Waterhouse had not considered a liquidaiton value at all. ... This could mean that Mr Carruthers himself considered his minority shares to be valued at $7.45 but if he were to acquire the control of the company, he would not be ready to pay the same price to Mr E T Griffith. ... In such a case, it can be considered that the appellant had more than a pure minority interest in the company and that the top value of $7.45 would be more appropriate than $2.39. ...

The Board does not necessarily conclude from this fact that income from the rent of the “La Touraine” building is necessarily income from property, and therefore that income for 1970 must be considered as such and is thus taxable under paragraph 106(1)(d). ... The Court also considered that most of the services provided in this case should be considered ancillary to the property itself, rather than provided to the tenants, although the latter benefited from them. ... However, the question of how much work would have been done if the building had been better built may also be considered. ...

The company had been incorporated for purposes of estate planning and he had always considered it was the agent for Jetco. ... It was important to note that the point was not whether the income had been earned directly by the company, only that there was hard tangible evidence concerning the intentions and actions of the parties involved—that the company was to be considered the agent of Jetco and Stein. Counsel indicated that there were distinctions to be made between what might be considered an “active” business under section 68 of the Income Tax Act, RSC 1952, c 148 (old Act) and under section 125 of the Income Tax Act, SC 1970-71-72, c 63 (new Act) and that section 68 should not be interpreted narrowly as had been done in some cases dealing with section 125. ...

As to the attention the business requires, the business will be considered active if it is of such size or has such problems that an office is maintained with a telephone listing and clerical or managerial staff are employed on a full-time basis. This explanation would seem to answer the first part of the matter at hand—whether deriving income from rents can be considered “business”. ... The conclusion I reach from these two learned decisions is that it is not entirely certain, as implied by Interpretation Bulletin IT-72R, that income derived from rents is to be considered as “business” income. ...

Further, there is no evidence that sales of Hearne shares made by the appellants subsequent to this particular transaction with Value Line were considered either by the appellants or the respondent as trading. ... The Board agrees that such an arrangement had the potential to afford certain stability to the company during its formative period, but it would be naïve to think that there was not also the potential for benefit to the shareholders in such restraint, in order to select a time considered most propitious for the release of subscribers’ stock to the general public. ... However, there is no question, in the opinion of the Board, that the prospect of selling the subscribers’ shares at a profit had always existed and had been considered, and that it was at a level of sufficient importance by the time Hearne was converted into a public company and the prospectus issued, that it warranted bringing direct and specific attention to that opportunity by listing the secondary offering. ...

In so far as the interpretation is to be considered a “change” of administrative policy it can only be considered as such in relation to the internal memorandum circulated by Horner at the beginning of June. ... When the corporation had originally considered a change in the existing policy it had invited representations from the owners and following such representations the corporation had given an undertaking to the owners that there would be no increase in the number of licences issued before certain legislation to regulate private cars for hire had been adopted and put into force. ... But in none of the cases on certiorari and prohibition, however broad a view is taken of the requirement of locus standi, do I find anything to suggest that persons in the position of the appellants in relation to the official action complained of would be considered to be persons aggrieved for purposes of these remedies. ...

The officer’s notes show he considered Mr. Crook’s “version of his situation is plausible but not possible to verif[y] with the documents on hand.” [13] After the call, the officer concluded Mr. ... The analysis set out in his notes indicates that the $5,000 income criterion was considered unconfirmed because Mr. ... In particular, the Guideline sets out a series of elements that must be considered for small business owners. ...