Search - considered

Issue The issue is whether the appellant’s profits from the disposition of its interests in a 38-suite apartment building municipally known as 1315 Bayview Avenue ("Bayview") in the Borough of East York and in a 50-suite apartment building municipally known as 37 Oriole Road ("Oriole") in the City of Toronto are to be considered as a capital gain or as being on income account. ... Motive — The authors observe (page 24) that in Canada over the years factors one to five supra have been considered by the courts but that the question of motive or intention at the time of acquisition of an asset has received the most attention. ... All of the circumstances, including that circumstance, must be considered. ...

He considered a Standardbred racing operation and investigated the practicability of such a move by consulting breeders, trainers and other individuals involved in that business. ... Although no changes in the manner in which the operation was conducted appear to have been seriously considered at this time Lloyd continued to believe that Trent could make its investment worthwhile. ... Respondent's position Counsel for the respondent submits that the criteria established in Moldowan, supra, must be considered with reference to the actions of the corporation as a whole and should not be restricted to or confused with the actions of its sole shareholder. ...

The expenses are considered expenses of the taxpayer and not of the corporation. ... Expenses are not deducted in calculating the income of the partnership but are considered, for tax purposes, to be the expenses of the partners. The appellant in this case is claiming “Canadian exploration expense" pursuant to the Act that allows the partnership's expenses to be considered as the expenses of the partners. ...

She further said that her understanding was that the Government of Canada considered only Lot 11 as Indian reserve land by virtue of Order in Council P.C. 1956-120, and that is what the government has registered on the title as seen from the excerpt from the Reserve General Ledger in Exhibit A-1 as Appendix G. ... There is no legal basis, notwithstanding the history of the exemption, and the special position of Indians in Canadian society, for extending it by reference to any notional extension of reserves or of what may be considered as being done on reserves. ... I am satisfied that the present status of the law on the interpretation of paragraph 87[1](b) requires that the liberal interpretation approach should be used but also that the section does not extend beyond the ordinary meaning of the words and expressions contained in the section and I am not prepared to adopt any notional extension of" reserves", or as to what may be considered to be done on reserves. ...

The fact that they were subject to some slight variations foreseen by the judgment due to variable tax rates does not in my view prevent them from being considered as predetermined sums of money within the meaning of the Pascoe case. ... Counsel for the appellant added that the allowance payable in April 1986, in accordance with the 1985 agreement, had to be considered as being an interim measure because they were moving from the system in effect in 1982, 1983, 1984 and 1985 to the method of paying alimony provided in the first paragraph of the 1985 agreement. ... In that case, the question considered by the Federal Court of Appeal was whether certain periodic payments amounted to allowances for maintenance or whether, on the contrary, the payments were made on account of a payment of capital or in a lump sum payment. ...

Neither the appellant nor Father Larre considered her to be an employee of Bosco during the time she was studying in the United States. ... However, that does not end the matter as the effect of subsection 6(3) of the Income Tax Act must be considered and it reads as follows: 6. (3) An amount received by one person from another (a) during a period while the payee was an officer of, or in the employment of, the payer, or (b) on account or in lieu of payment of or in satisfaction of an Obligation arising out of an agreement made by the payer with the payee immediately prior to, during or immediately after a period that the payee was an officer of or in the employment of the payer, shall be deemed, for the purposes of section 5, to be remuneration for the payee's services rendered as an officer or during the period of employment, unless it is established that, irrespective of when the agreement, if any, under which the amount was received was made or the form or legal effect thereof, it cannot reasonably be regarded as having been received (c) as consideration or partial consideration for accepting the office or entering into the contract of employment, (d) as remuneration or partial remuneration for services as an officer or under the contract of employment, or (e) in consideration or partial consideration for a covenant with reference to what the officer or employee is, or is not, to do before or after the termination of the employment. ... Cardin, as he then was, Chairman of the Tax Review Board, considered the matter of a taxpayer who had worked for a company as a research chemist for 33 years. ...

When he was not fishing during the fishing season because, for example, no area was open and he was close to Hot Spring Cove, Charleson would return to the reserve, which he said he considered "home". ... There is no legal basis, notwithstanding the history of the exemption, and the special position of Indians in Canadian society, for extending it by reference to any notional extension of reserves or of what may be considered as being done on reserves. ... There was no suggestion in the evidence that the waters fished by Charleson are considered traditionally or historically part of the community of the native people so that the waters may constitute a real and actual extension of the reserve: see National Indian Brotherhood, supra, at page 684 (D.T.C. 6491). ...

And at page 444 (D.T.C. 5283):... the payments made by the respondent could not properly be considered as an investment in the circumstances in which they were made. ... Such being the situation, these sums must be considered as outlays for gaining income from an adventure in the nature of trade, that is a business within the meaning of the Income Tax Act, and not as outlays or losses on account of capital. ... Madame Justice Reed in dealing with this question said at pages 68-69 (D.T.C. 5326):... that there was documentary evidence that the distribution of dividends was considered to be a possibility; and, that there was no evidence that the partnership intended to dispose of its shares for profit quickly. ...

Another case that I have considered is the decision of The Queen v. Jim A. ... Justice Gibson says:..., if the circumstances are such that it is correct that the "payment" be "deemed to be a disposition by way of gift to which Part IV applies", then for taxation purposes Section 137(2) of the Act should be considered in effect as being a separate section in Part IV of the Act. ... Since paragraph 245(2)(c) cannot make reference to gift tax provisions and does not refer to any other charging provisions, I find that it does not stand on its own and cannot be considered to be a charging section. ...

The Court, after having considered all the evidence, must determine which of the propositions submitted by the parties offers the most probable and logical conclusion to the problem raised by the appeal, and reach determination on a finding based on its own appreciation of the evidence. ... The above assumptions upon which the respondent relied in reassessing the appellant are manifestly groundless in the light of the documentary evidence he considered that is referred to in his paragraph (c). ... His only arguments in favor of the validity of the assessment were that at the time the appellant had filed his return in 1985 he had represented that his claims against the company had become bad in 1983 and not in 1982 and that he had made this determination consciously and with the full knowledge of all the relevant factors that had to be considered in arriving at such a conclusion. ...