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The Supreme Court of Canada points out that even where there is a personal pursuit, if it is undertaken in a sufficiently commercial manner, the venture will be considered a source of income. ... It goes on to cite the objective factors to be considered as: 1.         ...

This issue does not appear to have been previously considered by the Court with respect to either late filed objections or appeals. ... This case and this last issue are significantly different than the issues of awareness and understanding of an assessment, and of discoverability, considered by the Federal Court of Appeal in the case of   H. ...

., supra, the Tax Appeal Board ("Board") considered the proper way to compute the proceeds of disposition in order to determine recapture of capital cost allowance. ... Demers cannot be considered, however, as confirming in any general way that the fair market value of the non-monetary consideration must be determined in order to determine the proceeds of a disposition appropriately. ...

As a general rule, the on-site fabrication, installation and erection of machinery and equipment, regardless of size, is not considered to be construction, unless it constitutes a component part of a building or structure (e.g.: heating system, air- conditioning equipment, sprinkler system, plumbing, wiring, etc.). ... Paragraph 3 is to the following effect: As a general rule, the on-site fabrication, installation and erection of machinery and equipment, regardless of size, is not considered to be construction, unless it constitutes a component part of a building or structure (e.g. — heating system, air- conditioning equipment, sprinkler system, plumbing, wiring, etc.). ...

In the event that it should be considered that the licences are property in themselves and not an element or component part of the vehicles, he then contends, as an alternative, that the licences fall within Class 14 of Schedule B as property that is a licence for a limited period in respect of property. ... Section 20(6) (g) of the Income Tax Act provides: 20. (6) For the purpose of this section and regulations made under paragraph (a) of subsection (1) of section 11, the following rules apply: (g) where an amount can reasonably be regarded as being in part the consideration for disposition of depreciable property of a taxpayer of a prescribed class and as being in part consideration for something else, the part of the amount that can reasonably be regarded as being the consideration for such disposition shall be deemed to be the proceeds of disposition of depreciable property of that class irrespective of the form or legal effect of the contract or agreement; and the person to whom the depreciable property was disposed of shall be deemed to have acquired the property at a capital cost to him equal to the same part of that amount; In assessing the appellant, the Minister considered that an amount of $18,590 of the purchase price could be reasonably regarded the consideration for the 14 taxicabs as automobiles, being depreciable property with Class 10 of Schedule B to the Income Tax Regulations and subject to a capital cost allowance accordingly. ...

Canaport reviewed and considered the recommendations set out in Exhibit D and, on or about August 21, 1984, issued to four engineering firms requests for quotations for a study of the repair or replacement of the Sealine. ... On the basis of the 1985 RTD Report and the reports from Hudson and Wescan, Canaport, together with the Engineering Department of Irving Oil, considered the available options for remedying the large areas of corrosion in the Sealine. ...

All payments on account of capital of any mortgages shall be considered as expenses in calculating the Net Profit. b) Not to be considered as expenses in determining the Net Profit shall be Director’s Salaries and expenses, Corporation Income Tax, and depreciation on buildings. 4. ...

  [53]            With this in mind, this Court has already ruled on the factors to be considered in granting the order as sought: [6]        In other words, the Court issues an authorization on the basis of evidence demonstrating a bona fide belief based on credible evidence in a serious possibility that the granting of a delay to the taxpayer would jeopardize the collection of the debt, which is a lesser burden of proof than that of the balance of probabilities ... Shore” Judge   Certified true translation Catherine Jones, Translator   FEDERAL COURT   SOLICITORS OF RECORD     DOCKET:                                          T-1321-11   STYLE OF CAUSE:                          IN THE MATTER OF THE INCOME TAX ACT   and   IN THE MATTER OF NOTICES OF ASSESSMENT BY THE MINISTER OF NATIONAL REVENUE UNDER THE INCOME TAX ACT,   AGAINST:   Noureddine ARIF 123 DES PERCE-NEIGE STREET Otterburn Park, QuEbec  J3H 5S3   and   Malika AFSAHI 123 DES PERCE-NEIGE STREET Otterburn Park, QuEbec  J3H 5S3   MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO, PURSUANT TO RULE 369   REASONS FOR ORDER AND ORDER:                                    SHORE J.   ...

The Court rejected this explanation but also considered the Minister’s theory as to the source of the unreported income, namely an underestimation of the income generated by Mr.  ...   [14]            Upon reading the reasons of the Court, it becomes clear that the Court had considered the question of the source of the income in order to decide if the taxpayer had been negligent in respect of this source, or if had acted knowingly or under circumstances amounting to gross negligence. ...

The following criteria should oe considered: the profit and loss experience in past years, the taxpayer's training, the taxpayer's intended course of action, the capability of the venture as capitalized to show a profit after charging capital cost allowance. ... The Queen, [1988] 1 C.T.C. 414, 88 D.T.C. 6252 (F.C.T.D.), suggest that a history of profitable operations, both before and after one or more taxation year, has to be considered in the determining of a reasonable expectation of profit. ...