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However, Westcoast submitted, contrary to the finding below, that the employees should be considered to have consumed or used the services “in relation to activities of [Westcoast]” so as to generate ITCs under s. 175(1)(c). ...

After confirming the finding below that the employees should not be considered to have consumed or used the services “in relation to activities of [Westcoast],” so that no ITCs were generated to Westcoast under s. 175(1)(c), Stratas JA went on to reject the Westcoast submission that s. 170(1)(b)(ii) allowed Westcoast to claim ITCs on the basis of services being supplied “exclusively for the personal consumption, use or enjoyment” of employees, stating (at para. 8): ExxonMobil held (at para. 37) that “[s]ection 170 deals with input tax credits that may be claimed with respect to benefits in kind provided to employees” [emphasis added]. … [G]iven that the appellant did not acquire the services, it could not provide them as in kind benefits. ...

After he had requested the certified record contemplated by Federal Court Rules 317 and 318 (containing materials that CRA had considered), he was contacted by a journalist inquiring about the application. ...

However, the TFSA submitted that the exemption from tax for an RRSP on business income from the disposition of qualified investments in s. 146(4)(b)) should be read into s. 146.2(6) given that the RRSP and TFSA regimes were “mirror images” of each other – so that “that the phrase ‘carries on one or more businesses’ in subsection 146.2(6) should be read so that a TFSA trust that carries on a business of trading investments under well-established common law principles should not be considered to carry on a business for purposes of subsection 146.2(6) when the business involves only trading in qualified investments” (para. 12). ...

" (p. 6529) In addition, the agreement could not reasonably be considered to be designed for the purpose of the government acquiring an interest in the taxpayer's property for purposes of s. 12(1)(x)(viii) given that in the circumstances the government's contribution was in the nature of a grant, subsidy or forgivable loan instead, as described above. ...

As stated in London & Thames Haven, an asset’s profitability is an element to be considered in assessing its capital value.... ...

Sommerer, 2012 DTC 5126, 2012 FCA 207-- summary under Subsection 104(1) Summary Under Tax Topics- Income Tax Act- Section 104- Subsection 104(1) Austrian foundation likely not a trust Before allowing the taxpayer's appeal from an assessment made on the basis that s. 75(2) applied to attribute a capital gain realized by an Austrian private foundation (founded by the taxpayer's Austrian father) to the taxpayer, Sharlow J.A. noted (at para. 38) that she considered it a "doubtful proposition" that the foundation was a trust, even though the taxpayer's counsel had not argued this alternative basis for overturning the assessment. ...

The analysis of McDonald J.A. indicated (at p. 5126) that the taxpayer would have been considered to have disposed of subrogated debts acquired by virtue of making payments pursuant to its guarantee notwithstanding its agreement, in advance, to waive its claims of subrogation, given that "waiver 'presupposes the existence of a right to be relinquished'". ...

But when the leasing transactions are considered independently, London Life is supplying the leasehold improvements to the landlords for the consideration of the leasehold improvement allowances. ...

But when the leasing transactions are considered independently, London Life is supplying the leasehold improvements to the landlords for the consideration of the leasehold improvement allowances. ...