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In finding that Harvard Properties and NH Properties, were not dealing with each other at arm’s length, Boyle J stated (at paras. 155, 161): Given the agreement for Abacus to pay a premium to the co-owners to purchase the co-owners’ interests … the steps and the amounts in the series of transactions cannot be considered to reflect ordinary commercial dealings. … Harvard Properties, Abacus and NH Properties clearly acted together to dictate [the] Newcos’ actions from their inception and throughout the closing of this series of transactions. ...

Furthermore, Boyle J considered that the reasonable way in the circumstances to deny the tax benefit was to treat s. 160 as applying to the extent of the shortfall in consideration given on the transfer (para. 208). ...

Furthermore, in finding that there was no carelessness or neglect in their position that they carried on a business, he stated (at para. 90): [T]he Appellants thoughtfully and carefully considered the nature of the Dog Activities, and, in consultation with their accountants, concluded that those activities were a business. ...

The Queen, 2021 TCC 47-- summary under Paragraph 142(2)(a) Summary Under Tax Topics- Excise Tax Act- Section 142- Subsection 142(2)- Paragraph 142(2)(a) trucking company was considered to make an immediate on-supply of fuel to truckers in the country where it acquired fuel at service stations The taxpayer, which used its trucks, and independent contractors as drivers (a.k.a., contract truckers), to transport freight in Canada and the U.S, paid the "trip fee" specified in its agreements with the drivers for each trip. ...

CRA considered that the substantial completion date was January 13, 2020, being the date that the local town conducted its final inspection of the property. ...

In determining whether there was substantial renovation of the Craven Road property and of the second property (the “Fourth Street” property) both parties accepted the use of the second of the three methods referred to in GST/HST Technical Information Bulletin B-092 for measuring whether a renovation had been “substantial” (with 90% appearing in B-092 as the minimum percentage for a property to be considered as having been “substantially renovated”). ...

The T3GR forms reported those RRSPs (but not that of the taxpayer) which were considered to be subject to tax on various bases including the holding of non-qualified investments, and CRA assessed such tax accordingly. ...

The T3GR forms reported those RRSPs (but not that of the taxpayer) which were considered to be subject to tax on various bases including the holding of non-qualified investments, and CRA assessed such tax (including, apparently, Pt. ...

However, he considered that if he were wrong on this mechanical valuation point, the transactions would have entailed an abuse of s. 160, stating (at para. 167): I find that the Respondent has sufficiently demonstrated the existence of an underlying policy against allowing those who incur liability for income tax from reducing, through transfers to non-arm’s length parties at a time where the transferor is so liable or reasonably likely to anticipate incurring such liability, the pool of assets with which they may satisfy that tax debt. ...

The taxpayer’s expert considered that the FMV of the shares of Holdco should take into account income taxes payable by the shareholder of Holdco on its own account (discounted to 50%) in the event of a redemption of the shares. ...