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I understand that he often referred to legal chicanery that he may have considered bizarre and dilatory; however, his opinion that his administration was completed after February since the only remaining assets were deposit certificates and two immovables is just as bizarre and unfounded. ...

In the submission of counsel for the appellant, what should be considered is the intent of the parties- this was a sale with an intention to repurchase or a sale with a right of redemption. ...

The Federal Court of Appeal has considered this precise question. In Dominion of Canada General Insurance Co. v. ...

All things considered, I conclude that it is more likely that the deposits in Mr. ...

An unreasonable arrangement may contain terms and conditions which are both too lenient and too onerous. [5] The question before the Court and its consequent task is to verify where the Minister properly considered the objective facts of the working relationship, to determine whether there are relevant new or unconsidered facts and assess based upon those tasks, whether the Minister’s decision remains reasonable. ...

The Minister considered the taxpayer to have made a loan to the shareholder not the company. ...

In doing so, I have considered a number of the factors contained in subsection 147(3). [68] The most important factor is the conduct of the Appellant. ...

Extrinsic aids are a secondary source to be considered to resolve ambiguities or to determine the rationale or the purpose of a provision. [7] Many different things are stated by officials or parliamentarians to promote the adoption or expansion of a tax incentive. ...

Having considered all of the evidence, I am of the opinion that it was. ...

The wording is important so I will not paraphrase it. [19] Subsection 159(1) of the Income Tax Act deals with liability where one person acts for another, and reads in part as follows: 159. (1) Person acting for another – For the purposes of this Act, where a person is a legal representative of a taxpayer at any time, (a) the legal representative is jointly and severally, or solidarily, liable with the taxpayer (i) to pay each amount payable under this Act by the taxpayer at or before that time and that remains unpaid, to the extent that the legal representative is at that time in possession or control, in the capacity of legal representative, of property that belongs or belonged to, or that is or was held for the benefit of, the taxpayer or of the taxpayer’s estate, and (ii)to perform any obligation or duty imposed under this Act on the taxpayer at or before that time and that remains outstanding, to the extent that the obligation or duty can reasonably be considered to relate to the responsibilities of the legal representative acting in that capacity; and... [20] Subsection 159(2) deals with the requirement to obtain a clearance certificate before distributing property and says: 159. (2) Certificate before distribution – Every legal representative (other than a trustee in bankruptcy) of a taxpayer shall, before distributing to one or more persons any property in the possession or control of the legal representative acting in that capacity, obtain a certificate from the Minister, by applying for one in prescribed form, certifying that all amounts (a) for which the taxpayer is or can reasonably be expected to become liable under this Act at or before the time the distribution is made, and (b) for the payment of which the legal representative is or can reasonably be expected to become liable in that capacity have been paid or that security for the payment thereof has been accepted by the Minister. [21] Subsection 159(3) deals with the possible consequences of distributing property without obtaining a clearance certificate and says: 159. (3) Personal liability – If a legal representative (other than a trustee in bankruptcy) of a taxpayer distributes to one or more persons property in the possession or control of the legal representative, acting in that capacity, without obtaining a certificate under subsection (2) in respect of the amounts referred to in that subsection, (a) the legal representative is personally liable for the payment of those amounts to the extent of the value of the property distributed; (b) the Minister may at any time assess the legal representative in respect of any amount payable because of this subsection; and (c) the provisions of this Division (including, for greater certainty, the provisions in respect of interest payable) apply, with any modifications that the circumstances require, to an assessment made under this subsection as though it had been made under section 152 in respect of taxes payable under this Part. [22] By virtue of paragraph 152(3.1)(b), the normal reassessment period for the estate is three years. ...