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If the CRA accepts a disclosure as having met the conditions set out in this policy, it will be considered a valid disclosure and the taxpayer will not be charged penalties or prosecuted with respect to the disclosure. […] Conditions of a Valid Disclosure 31. ... Due to the nature of a particular disclosure, referrals to other programs within the CRA may be considered necessary in order to fully analyze the disclosure. 37. ... This infers that penalties are only applicable on taxable income, and on amounts that would have been disclosed in T1 adjustments and T1135 information returns. [44]   The Applicant relies on Wong at paragraphs 34 to 41 for the proposition that the lack of CRA warnings to the taxpayer that his disclosure may not be considered voluntary, together with the relevant information circular, constituted a promise to the taxpayer that his disclosure to the VDP would be accepted.   ...

He says, therefore, that this sum must be considered to be the proceeds of disposition. ... Plaintiffs’ alternative argument is that CMHC did not have a legal right to "buy in" at the mortgage sale for its own benefit and that the only "operative sale" was that to Carleton Leasing Limited for a consideration of $1,700,000 which should have been considered to be the proceeds of disposition. ... While such value may be below fair market value, i.e., forced market value, it is still considered real, proper or true. ...

Before this could be done (possibly before the last question had been considered), Mr. ... The following criteria should oe 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. ... The Queen, [1988] 1 C.T.C. 414, 88 D.T.C. 6252 (F.C.T.D.), suggest that a history of profitable operations, both before and after one or more taxation year, has to be considered in the determining of a reasonable expectation of profit. ...

In the few years since 1972 there have been several cases in which this matter has been considered. ... It can be argued that what is said in the foregoing quotation may be considered to some extent obiter, as going further than was needed for the decision in the Cadboro case, which resulted in the corporation’s appeal being dismissed. ... The conclusions of the learned judge are well stated in the headnote (see [1975] CTC 354): HELD: There was nothing in section 125 to justify a conclusion that a corporation whose entire income came from investments could not be considered as carrying on an “active business” when the making of investments was the very purpose for which it was incorporated. ...

Among possible interpretations, only those toilet articles or cosmetics that are intended for use for toilet purposes are to be considered “cosmetics”. If they are intended to be used for other purposes, they are not to be so considered. ... Counsel for the Crown argued that not all toilet articles can be considered cosmetics because it stretches the meaning of “cosmetic” too far. ...

The explanation that she did not think of changing it was not considered to be a reasonable explanation by the RPD. ... I accept that corroborative evidence ought to be considered before a finding on credibility is arrived at. ... It is somewhat surprising given that the hearing before the RPD considered at some length the divorce certificate issue. ...

I find that the decision, considered as a whole, is reasonable and that the decision-maker did not fetter his discretion. ... There is no reason to believe that the decision-maker considered himself to be bound by the CRA’s manual or that he failed to take into account a relevant consideration. ... Considered in isolation, the sentence reproduced above could suggest that the decision-maker held the mistaken belief that Mr. ...

He stated that the policy is somewhat different when senior executives of the company such as he himself are provided with vehicles for personal use, since this is then considered to be part of their compensation and shown on their T4 slip in the amount approved by the Income Tax Department. ... An employer is considered to make an automobile available for an employee’s personal use when he gives the employee the custody and control of the automobile and he does not impose strictly enforced rules prohibiting its use by the employee for his own personal purposes... 5. ... The contention is that since there were no restrictions imposed by the employer on the car’s personal use by defendant it was so available to him at all times during the year, since even on the days when it was in business use or when defendant was away from home with it it was still available for his personal use outside of business hours, and since a day consists of 24 hours it must be considered as having been available at least part of every day in the year for personal use. ...

After having considered all of the facts which, as above stated, I find were substantially the same as those adduced before me, Cat- tanach, J concluded that the appellant’s expenditures for scientific research which it claimed as deductions under sections 72, 72A and by virtue of paragraph 11(1)(j) in computing its taxable income for the year were expenditures of a capital nature as a consequence of which those expenditures were not deductible in determining the base for the calculation of the depletion allowance for the purposes of Regulation 1201. ... In considering whether the results of any transaction can be considered in computing the profit of a business for a particular year, the first question is whether it was entered into for the purpose of gaining or producing income from the business. ... CTC 275; 60 DTC 1219, as follows: In MNR v Imperial Oil Limited, [1960] S.C.R. 753; [1960] CTC 275, the Supreme Court considered Section 1201 of the Regulations in its earlier form. ...

In commencing on article 1411 of the Civil Code, Notary Roger Comtois, in his text Traité Théorique et Pratique de la Communauté de Biens at page 255 cites the French commentator Troplong who, in discussing the similar article 1525 in the French Code Napoleon states in Vol XXIII at page 2173: This agreement is not considered as a donation, it is a covenant authorized by “le droit commun”.. an aleatory covenant between partners. ... Looked at this way the community is really considered as a partnership. ... Moveable property existing at the time of the marriage or falling to the consorts afterwards shall be considered to be acquests, unless the con- 2 “Quebec Civil Code, 1292 after 1964 and before 1969 amendment. 3 “Quebec Civil Code, article 1292 (before 1969 amendment): 1292. ...