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Absent the essential component of deceit, the present transaction cannot be considered a sham according to current Canadian law. [12] However, just because the transaction is not a sham, it does not necessarily follow that it was legally effective to achieve the tax savings the parties intended. ... But if there are other circumstances to be considered, they ought to be considered fairly together; not holding that a partnership is proved by the receipt of a share of profits unless it is rebutted by something else; but taking all the circumstances together, not attaching undue weight to any of them but drawing an inference from the whole. [31] The Court’s duty, then, is to assess the circumstances together as a whole, not placing “undue weight” on any of them. In the present case, a variety of circumstances, including the so-called profit sharing, must be considered. ...

Except in the alternative, the argument drawn from the administrative interpretation appears to be a factor to be considered once it is established that there are two reasonable interpretations of a single text, that is to say two interpretations that are plausible, probable and acceptable in accordance with the usual rules of interpretation. ... This wording could be considered as indicative of a contract of sale. ... According to those two decisions, when a “sale” is made for insufficient consideration, the transfer cannot be considered as a gift for the purposes of the Income Tax Act. ...

The Tax Court Judge rejected Dow’s submissions that the provisions of subsection 247(11) of the ITA resulted in the Minister’s decision under subsection 247(10) of the ITA having the same objection and appeal rights that apply when an assessment is issued. [14] The Tax Court Judge then considered the Tax Court’s appellate jurisdiction. As part of this analysis, the Tax Court Judge considered various decisions from the Exchequer Court of Canada and the Privy Council addressing appeals under the Income War Tax Act, R.S.C. 1927, c. 97. ... The Privy Council considered the language of subsection 6(2) of the Income War Tax Act and the right of appeal to the Exchequer Court. ...

When the Vista Motel and Cape Bretoner Motel operations were amalgamated the Appellant, Gordon Heading and Scotchie’s wife had equal shares although Scotchie was considered to be owner, the one who put in the money and gave instructions. ... He did admit that he took the affidavit of the Appellant for the debenture with the Small Business Development Corporation and that he may have had other dealings with him through Heading although Gordon Heading was considered by him to be “the point man”. ... C.A.) on page 5416 and argued that if one considers that the upper level of liability for the director is ten, then taking into account the subjective element, as this case intends, the Appellant here should be considered to be no more than a two or three. ...

Pinkus had concluded Jody had extremely highly- developed verbal skills with no relative strengths or weaknesses and overall function within at least 1% of the population and was considered to be a Gifted Learner. ... Pinkus had recommended the school as an option to be considered. Following the testing of Jody in November, 1990, there were further consultations with Dr. ... However, even though nearly every receipt of revenue is considered income by the taxing authority, not every expenditure in life is deductible. ...

They then considered what future drawings would be required for projects in the next year and examined the Appellants’ and corporations’ tax situation. ... Northwood Farm, although not considered to be of a large size, was according to Dr. ... As such, the farm could not be considered to be anything but a sideline business for the Appellants. ...

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. ... In the course of argument, the Appellant’s Counsel conceded that a claim for the whole of the Nowak farm was not tenable and submitted that given the topography of the land, 10 acres [25] could appropriately be considered as constituting the Appellant’s principal residence. ... If so, any legal fees which may have been incurred with respect to the negotiations in that regard, or the drafting or review of partnership agreements, cannot, on the evidence before me, be considered as appropriate for inclusion in the calculation of the ACB of Barcrest. ...

Barrett would not be considered a solicitor of record until he had filed a Notice of appointment as Mr. ... The December 2019 Letter states that when the financing was initially considered, Mr. ... F-7), taxpayers may seek judicial review of administrative discretionary decisions. [64] The Federal Court has considered applications for judicial review of decisions made by CRA Collections refusing to lift liens. ...

Moreover, since part of another lot was involved and there are no means of determining whether the price of 55c a foot asked was affected in any way by part of Lot 99 being included in the option with Lot 101, I would not consider that these documents, even if they had been proved and if the Minister had relied on them in establishing the assessment, could be considered as indicating the real market value of Lot 101 at the date of the deceased’s death. ... This would affect the rate of duty, even if plaintiff’s contention were adopted that Dame Dagenais should be considered as a usufructuary only and the valuation of her life interest be calculated on an actuarial basis in the manner provided in the Regulations. ... On the other hand, the estate was apparently assessed on the basis that the entire assets should be considered as having passed to the widow Dame Dagenais, which conclusion I have rejected. ...

The Queen, [1978] 1 S.C.R. 480 (Moldowan), the Supreme Court of Canada set out the following four criteria to objectively determine whether a taxpayer has a reasonable expectation of profit: (a) the profit and loss experience in past years; (b) the taxpayer's training; (c) the taxpayer's intended course of action; and (d) the capability to show a profit. [19] These criteria do not constitute an exhaustive list of the criteria to be considered, however. ... The appellant challenged individuals considered to be very good heads-up poker players. ... Morden, 61 DTC 126 at page 1267). [36] In Moldovan, the following objective factors were used to determine the subjective intention to profit: (a) the profit and loss experience in past years; (b) the taxpayer's training; (c) the taxpayer's intended course of action; and (d) the capability of the venture to show a profit. [37] The list of factors set forth in Moldovan is not exhaustive and other factors can be considered. [38] Applying these criteria to the facts in this case shows that: The profit and loss experience in past years: according to the appellant's betting account on the PartyPoker site, as of December 31, 2007, the appellant had a $243,966 bankroll. after losing everything at first, the appellant decided to study the basics of poker more seriously. ...