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The Symes criteria were used to determine whether child care expenses, as a category, could be considered a business deduction. ...   [65]          Considered in light of the above cases, it is difficult to see how the expenses claimed by a consistently profitable business like Yorkton Distributors for expenses which are significantly less than total revenues can be seen as unreasonable. ...

He stated that a feasibility study was being made to obtain better information on ore reserve characteristics in terms of dimensions and grade, that experience in the open pit mine was not considered sufficient and that the company had to go underground to gather additional information. ... For the purposes hereof, "Phase II” shall be considered to have commenced as at the date of commencement of work under an annual budget with the object of increasing the capacity of the Detour Lake Mine by more than twenty percent (20 per cent), or such other date as may be decided by venturers’ decision, it being acknowledged that as at the date hereof neither of the venturers has any obligation to proceed with Phase II and neither Venturer shall at any time be committed to any Phase II expenditure other than in a Budget in which it has elected to participate. ...

The applicable excerpts read: 20.(1) Notwithstanding paragraphs 18(1)(a), 18(1)(b) and 18(1)(h), in computing a taxpayer’s income for a taxation year from a business or property, there may be deducted such of the following amounts as are wholly applicable to that source or such part of the following amounts as may reasonably be regarded as applicable thereto … (c) Interest- an amount paid in the year or payable in respect of the year … pursuant to a legal obligation to pay interest on (i) borrowed money used for the purpose of earning income from a business or property … … 18.(2) Notwithstanding paragraph 20(1)(c), in computing the taxpayer’s income for a particular taxation year from a business or property, no amount shall be deductible in respect of any expense incurred by the taxpayer in the year as, on account or in lieu of payment of, or in satisfaction of, (a) interest on debt relating to the acquisition of land, or (b) property taxes (not including income or profits taxes or taxes computed by reference to the transfer of property) paid or payable by the taxpayer in respect of land to a province or to a Canadian municipality, unless, having regard to all the circumstances (including the cost to the taxpayer of the land in relation to the taxpayer’s gross revenue, if any, from the land for the particular year or any preceding taxation year), the land can reasonably be considered to have been, in the year, (c) used in the course of a business carried on in the particular year by the taxpayer, … (d) held primarily for the purpose of gaining or producing income of the taxpayer from the land for the particular year, … [43]         Applying the criteria in paragraph 20(1)(c) that to be deductible the mortgage interest must be paid or payable on borrowed money used for the purpose of earning income from business (not in issue in this appeal) or from property. ... I find that the Land cannot reasonably be considered to have been used in the course of a business nor held primarily for the purpose of gaining or producing income in the particular year. [50]         Since the Minister’s assumptions in paragraphs 11 (b) to (d) and (e) of the Reply remain undisturbed, and the Land remained vacant without any income-earning purpose, the combination of paragraph 20(1)(c) and subsection 18(2) ultimately precludes the appellant from adding the Amounts to the acb. ...

Essentially, what she says in her affidavit is the same as what was stated by the other members of the BOD in court, and she explains why they all considered Mr.  ... (from paragraph 71 of the lead judgment in Wolf), if it is established that the terms of the contract, considered in the appropriate factual context, do not reflect the legal relationship that the parties profess to have intended, then their stated intention will be disregarded.   62     It is common for a dispute to arise as to whether the contractual intention professed by one party is shared by the other. ...

The respondent also invokes paragraphs 247(b) and (d) of the ITA in her reply, arguing that the series of transactions giving rise to the Guarantee Fees would not have been entered into between arm’s length persons and can reasonably be considered not to have been entered into primarily for bona fide purposes other than to obtain a tax benefit ... Nor does acknowledging the existence of the guarantee conflict with the respondent’s contention that the appellant can reasonably be considered not to have entered into the transactions at issue primarily for bona fide purposes other than to obtain a tax benefit ...

Fietz and therefore it is clear that Howard Morry understood that all of the matters that had been raised in the Proposal Letter were still being considered for a proposed reassessment of the Appellant ...   [45]          The Proposal Letter in the circumstances of this case should be considered to have been filed with the Minister as this letter was written and sent by the CRA auditor. ...

Simply put the Crown’s position is that an organization cannot be considered to be organized and operated exclusively for a purpose other than profit if the establishment or operations of the entity are related to the commercial or business activity of its members or of others. ... The Crown argues however that virtually all of the reported cases to date have considered situations where the purpose for which the organization was established and operated had some public benefit component and the activities in question were carried on to fund the social, community or public benefit purpose of the organization. ...

At the option of QCM, QCM may elect on ten (10) days’ prior written notice given by it to USS, that interest due on any one or more of these dates shall be added to the principal amount borrowed hereunder, in which event such interest shall not be due and payable on said date but rather shall be thereafter considered part of the unpaid principal amount borrowed hereunder. 3.01.3 On June 15, 1978 the appellant was informed by its creditor US Steel that these three loan agreements had been transferred to US Steel Overseas Capital Corporation, a company affiliated with the appellant, non-resident in Canada and resident in the United States; these transfers did not alter the appellant’s obligations in any way (Exhibit A-1(4)). 3.01.4 On April 1, 1980 the three loan or credit agreements were amended to specify inter alia, a new interest rate of 6 per cent and a new schedule of annual repayments over five years, from October 1, 1986 to October 1, 1990 (Exhibit A-1(5), (6) and (7)). ... In the single-entry accounting system, the business is not considered to be a separate entity from its owner, which is the basis of the double-entry accounting system. ...

Applicable law [54]         Subsection 125(7) of the Act provides that in cases where, but for the existence of the corporation, the incorporated employee would reasonably be regarded as an officer or employee of the corporation to which the services are provided, as opposed to a self-employed worker, the corporation must be considered a “personal services business” (PSB). ... Indicia of supervision Powers of supervision and control [71]         In view of the evidence before me, it seems clear to me that the degree of control exercised by EBI over the appellants was significant and leads me to find that, but for the existence of the corporations, the garbage collectors would have been considered to be employees of EBI. ...

Because it is short, I will set out all of Exhibit 16: RE:        Election to be Taxed as a Non-Resident-Owned Investment Corporation (Section 133 of the Income Tax Act) Please be advised that based on a review of the documentation submitted in support of the above election, the election is considered to be valid. ... Butalia was involved in negotiations with Revenue Canada on behalf of another client; and Revenue Canada was taking the position (i) that the provision of even one loan by the NRO would be considered as the business of making loans; and (ii) that the loan-making corporation would be denied NRO status. ...