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National Bank of Canada, 2004 DTC 6527, 2004 FCA 92-- summary under Subsection 227(4.1) Summary Under Tax Topics- Income Tax Act- Section 227- Subsection 227(4.1) The respondents, who seized and sold movable property secured by movable hypothecs, were required to comply with a demand made upon them to pay over amounts equal to the unpaid source deductions at the time of such sale given that they should be considered to be secured creditors rather than third party purchasers. ...

., 98 DTC 6004, [1998] 1 CTC 99 (FCA)-- summary under Purpose/Intention Summary Under Tax Topics- General Concepts- Purpose/Intention In light of the additional word in s. 15(1.1) referring to "it may reasonably be considered", the Tax Court Judge had erred in finding that the relevant purpose must be the conscious intent of the taxpayer. ...

., 99 DTC 5602, [1999] 4 CTC 177 (FCA), aff'd 2001 DTC 5149 (SCC)-- summary under Evidence Summary Under Tax Topics- General Concepts- Evidence In the absence of convincing evidence on Texas law, the Court looked to the Alberta Partnership Act to determine whether the taxpayer, by virtue of being assigned a partnership interest, could be considered to have become a partner in a Texas partnership notwithstanding that he was not carrying on business in common with the other supposed partners. ...

"12(1)(b), it was thought necessary, or at least desirable, to make it clear that the word 'receivable' was to include sums which would not, in ordinary language, be considered to be receivable within the particular taxation year". ...

The Queen, 95 DTC 5247, [1995] 1 CTC 333 (FCA)-- summary under Subsection 60.1(3) Summary Under Tax Topics- Income Tax Act- Section 60.1- Subsection 60.1(3) Minutes of settlement signed in 1989 in which the taxpayer's former spouse acknowledged that the taxpayer had paid to her "as and by way of maintenance during the calendar year 1988, the sum of $18,200" did not satisfy the requirement that the agreement provide that prior payments be considered to have been paid and received pursuant to the agreement. ...

Canada, 2003 DTC 5158, 2003 FCA 78 (FCA)-- summary under Business Source/Reasonable Expectation of Profit Summary Under Tax Topics- Income Tax Act- Section 3- Paragraph 3(a)- Business Source/Reasonable Expectation of Profit There was a personal element in the acquisition by the taxpayer of a cottage property close to that of his parents, and the Tax Court judge had properly considered all the evidence, including the fact that interest payments on the mortgage substantially exceeded gross rental revenue, in concluding that the taxpayer did not have a reasonable expectation of profit from the operation of renting the property. ...

It was stated that in drawing the distinction, the overall evidence must be considered taking into account those of the various tests that may be applicable. ...

Canada, 2020 FCA 47-- summary under Redundancy/reading in words Summary Under Tax Topics- Statutory Interpretation- Redundancy/reading in words presumption that Parliament was not speaking in vain The proposition that a note could not be a debt obligation because the amount to be paid was linked to the value of a portfolio would effectively mean that Parliament has spoken in vain in providing for a “debt […] that may reasonably be considered to derive its value […] from portfolio investments”. ...

"It is undeniable that a payment by a corporation, whatever its form, which has the effect of extinguishing a debt or obligation of a shareholder must be considered to be a benefit conferred on him... ...

Canada, 2013 DTC 5074 [at at 5909], 2013 FCA 88-- summary under Ordinary Meaning Summary Under Tax Topics- Statutory Interpretation- Ordinary Meaning context always considered Before rejecting a literal interpretation of ITA s. 146(9) advanced by the Crown, Sharlow JA stated (at para. 59): [A] literal interpretation of a statute cannot be accepted without further examination. ...