Search - considered

Alternatively the Minister submits that even if the expenses and legal fees can in some way be considered as relating to a business operation, the expenses were certainly not incurred for the purposes of earning income from that business and consequently are not deductible. ... The delictual act cannot in that case be considered as being necessary for carrying on the trade or profession. ... Moreover, in my opinion, the $25,000 lump sum payment provided for in the Decree Nisi cannot be considered as alimony paid on a periodic basis. ...

In order to be considered an asset of the active business, such assets must have been employed or risked in the business. ... For an amount set aside as a reserve to be considered a backup asset used in the business, as claimed by the Appellants, there must be a rational relationship between the amounts being held by the taxpayer and reasonably determined reserves. [19] Two of the reasons advanced by the Appellants for the amounts allegedly held for that purpose were the risk of cancellation of the Crown contract and repayment of the grant and second, the potential repayment of advances in the event of a crop failure or the production of seedlings of substandard and therefore unacceptable quality. [20] First, with respect to repayment of the Crown grant, the Appellant, Skidmore, himself considered the possibility to be remote. ... The phrase “substantially all” has also been considered by the Saskatchewan Court of Appeal in 85956 Holdings Ltd. v. ...

On September 7, 1988, the Council of the Township of Nottawasaga considered and did not approve the rezoning application submitted by Alex E. ... Emphasis added Over the years the Courts have considered a number of criteria in determining whether a gain on the sale of property is on capital or income account. ... As was observed in Racine,^ [18] the absence of financial means may be considered an indicator that the Appellants must have had the intention of reselling Tally-Ho as a motivating force at the time of its purchase. ...

The Appellant’s submission adds that the Supreme Court of Canada did not come to its conclusion by ignoring the separate legal status of the companies but considered the overall economic effect to the taxpayer estate. ... It provides as follows: Paragraph 138(9)(a) of the Act requires multinational life insurers and non-resi dent insurers to include in computing income for a year from a Canadian insur ance business the gross investment revenue that is derived from property which is considered, under a set of prescribed rules, to be used in that insurance busi ness. ... Under Part XXIV of the Regulations, an insurer is required to choose (a process referred to as the designation of property), from among all of its investment assets, those assets which can be considered to be used in carry ing on the Canadian portion of its insurance businesses. ...

However, in the present appeals these two connecting factors must be considered in the context of the specific and unusual circumstances before the Court. ... This fact and not the place where the directors met must be considered as the relevant connecting factor in the present appeals. ... It is in this context that the nature of each Appellant’s employment must be considered. ...

The Minister viewed a transaction entered into by the applicant as part of a series of transactions which series would, but for section 245 of the Income Tax Act (“ Act ”), result in a tax benefit, in circumstances where it may not reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain a tax benefit. ... C.A.)at pp 106-107, where Mahoney J.A. considered the words “relating to” in Rule 17 of the Tax Court of Canada Rules of Procedure (Unemployment Insurance Act, 1971), since replaced by Rule 14, Tax Court of Canada Rules of Procedure respecting the Unemployment Insurance Act, SOR/90-690. ... In that case the Supreme Court considered the meaning of section 87 of the Indian Act, R.S.C. 1970, c.I-6 (now R.S., c.I-5) which, in part, provided that no Indian is subject to taxation “in respect of” property situated on a reserve. ...

Income Tax Regulations, C.R.C. c. 945: 2900(4) For the purposes of the definition qualified expenditure in subsection 127(9) of the Act, the prescribed proxy amount of a taxpayer for a taxation year, in respect of a business, in respect of which the taxpayer elects under clause 37(8)(a)(ii)(B) of the Act is 65% of the total of all amounts each of which is that portion of the amount incurred in the year by the taxpayer in respect of salary or wages of an employee of the taxpayer who is directly engaged in scientific research and experimental development carried on in Canada that can reasonably be considered to relate to the scientific research and experimental development having regard to the time spent by the employee on the scientific research and experimental development. ... Pursuant to this provision, the following expenditures are SR&ED expenditures: 1- An expenditure of a current nature for, and all or substantially all of which was attributable to, the lease of premises, facilities or equipment for the prosecution of scientific research and experimental development in Canada, other than an expenditure in respect of general purpose office equipment or furniture; 2- An expenditure in respect of the prosecution of scientific research and experimental development in Canada directly undertaken on behalf of the taxpayer; 3- An expenditure described in subclause (A)(III), other than an expenditure in respect of general purpose office equipment or furniture; 4- That portion of an expenditure made in respect of an expense incurred in the year for salary or wages of an employee who is directly engaged in scientific research and experimental development in Canada that can reasonably be considered to relate to such work having regard to the time spent by the employee thereon, and, for this purpose, where that portion is all or substantially all of the expenditure, that portion shall be deemed to be the amount of the expenditure; 5- The cost of materials consumed in the prosecution of scientific research and experimental development in Canada; or 6- ½ of any other expenditure of a current nature in respect of the lease of premises, facilities or equipment used primarily for the prosecution of scientific research and experimental development in Canada, other than an expenditure in respect of general purpose office equipment or furniture. [22] [37] Because this Court found that the work related to the design and installation of the hydrodynamic system in the triplex does not constitute SR&ED, the first condition to enable the expenditures incurred by Hydro LMR for this work to be deductible in the computation of its income has not been satisfied. ... In the period at issue, the prescribed proxy amount was 65% of the amounts incurred in the year by the taxpayer in respect of salary or wages of an employee of the taxpayer who is directly engaged in SR&ED carried on in Canada that can reasonably be considered to relate to the SR&ED. [40] Therefore, where this Court finds that a taxpayer’s expenditures were not incurred for SR&ED, the taxpayer is not entitled to an ITC for those expenditures. ...

Consequently, she considered that the cost [6] of all of her shares [7] in the family business was $1,000,000. ... Gendron’s use of the capital gains exemption could be considered a direct or indirect tax benefit for Mr.  ... The analysis of whether this is an avoidance transaction would not change if I considered them as transactions. ...

While working as a psychic, he considered himself to have been an independent contractor. ... He took a training course in reading Tarot cards but considered his own clairvoyance to be an inherent gift. ... She always considered it necessary to obtain the permission of the Pilot in order to leave during a shift. ...

[28]         The matter of deductibility of interest under subparagraph 20(1)(c)(i) of the Act was considered by the Supreme Court in Shell Canada Ltd. v. ...   [38]         In addition, there is no evidence that the income producing potential of the Torgan shares was ever considered before the transactions took place. ... The determination invokes reasonableness, suggesting that the possibility of different interpretations of the events must be objectively considered.   ...