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TCC
Larouche v. The Queen, 2011 TCC 326 (Informal Procedure)
[7] Paragraph 60(b) permits the deduction of a support amount and reads as follows: Section 60: Other deductions There may be deducted in computing a taxpayer’s income for a taxation year such of the following amounts as are applicable… (b) the total of all amounts each of which is an amount determined by the formula A – (B + C) where A is the total of all amounts each of which is a support amount paid after 1996 and before the end of the year by the taxpayer to a particular person, where the taxpayer and the particular person were living separate and apart at the time the amount was paid, B is the total of all amounts each of which is a child support amount that became payable by the taxpayer to the particular person under an agreement or order on or after its commencement day and before the end of the year in respect of a period that began on or after its commencement day, and C is the total of all amounts each of which is a support amount paid by the taxpayer to the particular person after 1996 and deductible in computing the taxpayer's income for a preceding taxation year; [8] Since the payments were made directly to the appellant's daughter, the application of subsection 60.1(1) of the Act, which reads as follows, must be considered: Section 60.1: Support (1) For the purposes of paragraph 60(b) and subsection 118(5), where an order or agreement, or any variation thereof, provides for the payment of an amount by a taxpayer to a person or for the benefit of the person, children in the person's custody or both the person and those children, the amount or any part thereof (a) when payable, is deemed to be payable to and receivable by that person; and (b) when paid, is deemed to have been paid to and received by that person ...
TCC
Norman v. M.N.R., 2011 TCC 217
The factors from the often cited Wiebe Door decision, control, chance of profit, risk of loss, and ownership of tools, should be among the factors considered. ...
TCC
Vincent v. The Queen, 2011 TCC 430 (Informal Procedure)
Vincent’s employment and a reserve for it to be considered “situated on a reserve” under that provision and thereby, tax exempt under paragraph 81(1)(a) of the Income Tax Act ...
TCC
Waters v. The Queen, 2010 TCC 631 (Informal Procedure)
As he considered such living accommodations to be unsuitable for his daughter, Mr. ...
TCC
Demerais v. The Queen, 2010 TCC 628 (Informal Procedure)
] [9] In ordering that the children would “remain” in the Family Home, the Family Court judge obviously considered the children to have been residing there during the Period. ...
TCC
Albert Ross M.D. F.R.C.P.(C) Deep v The Queen, 2010 TCC 303
[19] Having reviewed the judgment of the Court and the documentation filed by both parties, and having considered the factors set out in Rule 154, I find that the amounts claimed by the Respondent are in line with the amounts allowed under Tariff B for a Class C proceeding ...
TCC
Taylor v. The Queen, 2010 TCC 526 (Informal Procedure)
She listed the invoices which have been submitted as exhibit A3 and she stated that “if these invoices are to be considered in addition to the amount requested in the Notice of Objection, please provide proof of payment for these invoice.” ...
TCC
Ferrari v. The Queen, 2010 TCC 40 (Informal Procedure)
[15] Subsection 227.1(1) has been considered by Canadian Courts on a number of occasions ...
TCC
Filipek v. The Queen, 2010 TCC 152
The presence and contribution of both of the taxpayer’s counsel are being considered in my fixing of costs in this matter ...
TCC
Edwin v. The Queen, 2010 TCC 362 (Informal Procedure)
Edwin attached a letter signed by him and his wife informing the Minister that they had not included in their income an amount of $6,604 that they had received from their income trusts, because they considered that amount as being a return of capital. ...