Search - considered

A reliance on systems, on past record, is properly considered in measuring the exercise of care, prudence and skill. ... In fact, the bank would only permit what have been referred to as essential payments, and the reason why we're here is that wages were not considered to be part of those essential payments. As I've said, the monies held in trust are amounts which but for the Act would have been paid to the employees as part of their wages, and that raises the question, would the company have considered payment of gross wages to their employees to have been “essential payments"? ...

The respondent disallowed the farm losses deduction on the grounds that the appellant's farming activities offered him no reasonable expectation of profit and that, accordingly, these expenses should be considered personal. ... The following criteria should be 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. ... (c) Where the agreement for sale provides for a fixed sum, with an additional amount being payable in the event that production or use exceeds a stipulated figure, the fixed sum is treated as proceeds of disposition and the additional amount, if any, is brought into income under paragraph 12(1)(g). 4.03.10 However, I think that even if it were necessary to bring the entire sale price into the appellant's income, because the use of the sand made it a part of the inventory, the fair market value of this inventory would have to be considered at the time when it became inventory, in 1981. ...

Century 21 Ramos) an effect which they may not have at all; he considered them as being determinative of a point which seemingly had not been raised at all in the course of argument or of the Court's deliberations. ... At that time, I considered the provisions of subsection 244(4) I.T.A. which reads: (4) Limitation of prosecutions. ... But I think here that even though the judgment of the Québec Court of Appeal is a judgment from another jurisdiction, I am satisfied that it has great weight and authority when an Appeal Court has considered a judgment from an Ontario Supreme Court decision, and come to the conclusion that it did not apply, I think that I am bound, if not bound, at least I am persuaded by the Québec Court of Appeal that the section calls for the personal knowledge of the Minister. ...

I considered it necessary to inform Revenue Canada, and accordingly, in a letter dated September 21st, 1980, Exhibit 23, vol. 1, expressed my apprehensions about the many dealings of a fraudulent nature conducted by Inder Chabra. 6. ... Further, any gain or recapture on the disposition of rental property should be subject to U.S. tax since the plaintiff, by making the election, is considered to be carrying on a trade or business in the U.S. ... I do not think the IRS’ conclusions regarding the figures used by the plaintiff could be considered manifestly erroneous, given the facts outlined by the plaintiff in his submission. ...

.: (1) A reviewing court, on quashing a search warrant, has power to order return of any goods seized under the warrant. (2) If the Crown shows that the things seized are required to be retained for the purposes of a prosecution, either under a charge already laid or one intended to be laid in respect of a specified chargeable offence, the court may refuse to order the return. (3) No particular formality is required in order for the Crown to show the requisite element of necessity to retain the things. (4) The power to order return of goods is incidental to the power to quash but may also arise under subsection 24(1) of the Charter if the search and seizure was unreasonable as well as illegal. (5) The conduct of the prosecuting authorities in relation to the search and seizure is a factor to be considered in deciding whether to exercise the discretion. (6) Other factors to be considered in exercising the discretion may be the seriousness of the alleged offence, the degree of potential cogency of the things in proving the charge, the nature of the defect in the warrant and the potential prejudice to the owner from being kept out of possession. ... Having reached the conclusion that the subsection is void, in face of section 8 of the Charter, he then considered whether or not the seized materials ought to be returned to the taxpayer. ...

Minister of National Revenue, [1985] 1 CTC 2241, 85 DTC 236 Kempo, TCJ:— Part I — Issue The issues to be decided in this appeal may be summarized as follows: Issue #1 With respect to the 1979 and 1980 taxation years, whether or not a parcel of land (the “Lynwood” property) owned by the appellant can reasonably be considered to have been, in each of these years, used in, or held in the course of, a business carried on in the year by the appellant, vide paragraph 18(2)(c) of the Income Tax Act (the “Act”). ... Prior to the commencement of the hearing, counsel for the respondent submitted that the Minister was not in opposition to the issues being advanced for the reasons that the appellant had made written requests to Revenue Canada, Taxation for consideration of these expenses, that the request had been considered and denied and that the Minister would be neither surprised nor prejudiced if the matter was heard and dealt with as requested by the appellant. ... Accordingly the Lynwood land can reasonably be considered to have been, in the year, held in the course of a business carried on in the year by the Appellant, vide paragraph 18(2)(c) of the Act. ...

Otherwise, such professional consultation is considered as done in the capacity of a school professor and is governed by these directives. ... As a change to the Metro trains was being considered at the time, this required checking these estimates. ... In Thomas Alexander McPherson Cattanach, J considered as determining control:... by the simple expedient of providing him with an allocation of funds or a budget. ...

The Minister considered appellant as a related company under s 36(4)(b)(i) which provides that a corporation is related to another if 70% or more of the shares of each of them is owned directly or indirectly by one person. ... It is that large meaning which must be considered in construing provisions 256(1) and (2). ... Thence, Stradellina (USA) Inc. must be considered as a corporation in construing provision 256. 4.03.18 During the taxation years under appeal, whereas the ownership of the shares of the appellants and Stradellina (USA) Inc as described in subparagraph (b) of paragraph 7 of the reply to notice of appeal quoted in paragraph 2.2 above; whereas David Sanders is the father of Leonard Sanders and thus they are related to each other within the meaning of section 251; whereas both formed a group of persons that controlled Stradellina (USA) Inc; whereas David Sanders owned directly or indirectly in respect of Holiday Luggage Inc and Stradellina (USA) Inc not less than 10 per cent of the shares of any class of the capital stock thereof; therefore, Holiday Luggage Inc and Stradellina (USA) Inc on one hand and Falcon Luggage Inc and Stradellina (USA) Inc on the other hand are associated companies within the meaning of provision 256(l)(d). 4.03.19 Moreover, during the years under appeal whereas the two appellants were associated with Stradellina (USA) Inc at the same time, they were also associated with each other within the meaning of 256(2). ...

In my opinion investment in movable or immovable property on a long-term basis cannot in general be considered to be a profit-producing business enterprise. ... All of the judgments generally affirm the proposition that each case must be considered in accordance with its relevant facts. ... In King George Hotels Limited decision, Mr Justice Smith then concluded that: “There was nothing in section 125 to justify a conclusion that a corporation whose entire income came from investment could not be considered as carrying on an active business when the making of investment was the very purpose for which it was incorporated.” ...

He considered that his investment of $5,000 was reasonable in order to become involved in the publishing business. ... He stated there were 12 more circularizations from April 1, 1988 to April 30, 1989 and referred to the schematic on Exhibit R-9 pertaining to transactions dated December 21, 1988 which he had considered to be a perfect example of the circularization. ... Canada) [1995] 2 C.T.C. 2460, the Honourable Judge Hamlyn, Tax Court of Canada, considered the situation involving the taxpayers who had invested with Thill in the Enjoy magazine venture in the United States. ...