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Feher considered the proposed IPO as an imminent liquidity event, which he stated is one that occurs within 6 months, that pre-empted the use of the 95% minority discount above. ... While the Appellants both testified they considered the Common Shares now held by the Trust to be subject to them, there is no actual written evidence they were. ... Notwithstanding the language of the above statements, the Courts therein considered whether there was an underlying reasonable basis for such beliefs. ...

Mulligan’s tax liability was considered and dealt with. Mr. Mandick addressed Ms. ... Mandick testified that during negotiations several schedules were prepared setting out various proposed property settlements and each considered Ms. ... The company is entitled to the protection afforded by a duly convened meeting, and by a resolution properly considered and carried and duly recorded.... ...

Langille claimed a business investment loss of $111,540 in respect to monies loaned to Alland and considered unrecoverable. ... The Queen, 2000 DTC 1864, which considered a taxpayer that had been subject to a similar fraud as Mr.  ... According to the decision in Kleinfelder, such payments would not be considered business income from the joint venture perpetrating the fraud. ...

M.N.R. [8], Judge Lamarre Proulx considered that case law:   The principles I draw from these cases are the following:  - income-related expenses include repairs the purpose of which is to make the part or the property repaired suitable for normal use again;  - capital expenses include work the purpose of which is to replace an asset by a new one and work which involves such a degree of improvement to an asset that it becomes a new one. ... The capital expenditures listed in paragraph 19 and 22, supra, amount to $57,045, before taxes and profits. [18] This represents approximately 45.3% of the costs. [19]   Conclusion   [26]    In view of the circumstances, 45.3% of the amount of $48,000 paid to the contractor must be considered a capital expenditure, and 54.7% of that amount must be considered current in nature. [20] In addition to the amount of $48,000, there is an additional $6,565 on account of expert fees, architect's fees, notary's fees, application processing fees and permit fees incurred in order to enable the Appellants to qualify for the major renovation program which subsidized the work. [21] Since these expenditures were essential to the entire project's realization, this amount must be allocated between current and capital expenditures in the same fashion ...   [27]    Consequently, the appeals are allowed, without costs, and the matters are referred back to the Minister of National Revenue for reconsideration and reassessment on the basis that $29,847 of the amount of $54,565 which the Minister considered to be a capital expenditure was actually current in nature. [22]   Signed at Ottawa, Canada, this 9th day of June 2008.         ...

The more closely a taxpayer's business or occupation is related to real estate transactions, the more likely it is that the income will be considered business income rather than capital gain. ... " It would be inconsistent for the respondent to then argue that the transaction was a speculative trade. [27]     It remains to be considered whether the phrase "adventure or concern [...] in the nature of trade" should be given a different meaning for GST and income tax purposes. ... Ct.), Jackett P. held that a non-resident corporation could not be considered to have "carried on" business in Canada for purposes of ss. 2(2) of the Act merely by having had "an adventure in the nature of a trade" in Canada. ...

If other young players were to be considered, then the parents of that young player had to find their own investors. ... The Court was of the view that the “reasonable expectation of profit”, although a factor to be considered, was no longer the test to be applied. ... We would also emphasize that although the reasonable expectation of profit is a factor to be considered at this stage, it is not the only factor, nor is it conclusive. ...

Incidents of title include possession, use, and risk of loss and should be considered in determining whether a transaction bears the character of a lease or sale. ... The Court considered the deliberate absence in the agreement of an option to purchase to the lessee as a determining factor in its decision. ... Where... there has not been an absolute transfer of the rights of the distributor of films to another party as a user, then... the transaction is to be considered a leasing of film rights. ...

The amount of $947,003 is that portion of the dividend “that could be considered to be attributable to anything other than” the amount of safe income. ... The order implicit in applying subsection 55(2) to several designated dividends is that the dividend or dividends that aggregate an amount equal to or less than the amount of safe income must be considered before any remaining designated dividends. ... In such a case, it would still be true that $252,265 of the reduction in the capital gain that would have otherwise been realized on a disposition at fair market value could reasonably be considered to be attributable to safe income, and the remainder of the reduction, i.e. the difference between $252,265 and $566,920, could reasonably be considered to be attributable to something “other than safe income”. ...

I am going to rely on just a handful, as I believe they best reflect the factors Courts have considered in dealing with the single versus multiple supply issue. ... Conversely, when a number of elements of a supply are reasonably severable or separable, the supply will usually be considered as being a multiple supply. ... This situation is an example of the type of artificial transaction the Courts have ruled must be considered as a single supply. ...

Furthermore, the capital gain that would have been realized for the applicable period could reasonably be considered to be attributable to anything other than the income earned or realized by Plaza for that period. ... The share redemptions are not to be considered individually but taken as one at the conclusion of the series of transactions. ... The source of the gain is irrelevant, unless it could reasonably be considered to be attributable to income earned by any corporation between 1971 and the time that the transaction or series of transactions commence. ...