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If this jurisprudence, and that referred to above, has any value at all in this case, it suggest that is the real or actual value of the shares which must be considered rather than the par value even if the issuing corporation has agreed to issue them at their par value as fully paid. ... The full or nominal value of any share of whatever nature, must be paid in order for the share to be considered lawfully issued. ...

Given that the Taxpayer visited XXXXXXXXXX different locations during the XXXXXXXXXX days, respectively, that he spent in Canada during the XXXXXXXXXX taxation years, in order for him to be considered as having a fixed base in Canada at least one of those locations would have to qualify as such. ... " This criterion was also considered by the U.S. Tax Court in Consolidated Premium Iron Ores Limited v. ...

MNR, 68 DTC 5180 (where the Court provided the "classic statement of what is cost" and focused on what the asset cost, not how it was accounted for): "In the absence of any definition in the statute of the expression "capital cost to the taxpayer of property" and in the absence of any authoritative interpretation of those words as used in section 11(1)(a), insofar as they are being considered with reference to the acquisition of capital assets, I am of opinion that they should be interpreted as including outlays of the taxpayer as a business man that were the direct result of the method he adopted to acquire the assets. ... The Queen, that development expense cannot be considered to relate to production for purposes of interpreting the resource allowance provisions. ...

On the other hand, in the case where, after having considered the principles established in Canderel, it would be determined that the amount of the CEWS should not be included directly in the taxpayer’s income under subsection 9(1) of the ITA for its taxation year ending on May 31, 2020, CRA is of the view that paragraph 12(1)(x) of the ITA will eventually apply, as a result of the application of subsection 125.7(3) of the ITA, and the amount of the CEWS will have to be included in the taxpayer’s income for its taxation year ending on May 31, 2020. ... If, after having considered the principles established in Canderel, it is determined that the amount of the CEWS for periods 1 to 4 should not be included directly in the calculation of the taxpayer’s income under subsection 9(1) of the ITA for its taxation year ending on June 30, 2020, CRA is of the view that paragraph 12(1)(x) of the ITA will eventually apply, as a result of the application of subsection 125.7(3) of the ITA, and the amount of the CEWS received in January 2021, for the applications filed in December 2020 for periods 1, 2 and 3, will have to be included in the taxpayer’s income for its taxation year ending on June 30, 2020. ...

However, as a policy matter, it is considered to be a misuse of the provisions of the Act to allocate the entire pool exclusively to the oil and gas properties. ... The series of transactions effected by Canco would be considered to have been undertaken to obtain the identified tax benefit.  ...

.], the court considered whether expenditures made by the taxpayer were on account of capital or a current expenditure.  ... In the case, the sale of inventory was considered to be indivisible from the sale of other items such as machinery and equipment, accounts receivable, goodwill, etc.  ...

The wording in the preamble to subsection 164(1) is almost identical to the words in subsection 129(1) that were considered in Bonnybrook. ... The ConocoPhillips case considered whether subsection 220(2.1) could be utilized to allow a taxpayer to waive the requirement to file a notice of objection. ... These additional reassessing provisions do not appear to apply to general operating expenses, and are considered to be irrelevant for the purpose of this analysis. ...

Royalties, which are akin to rental payments, have invariably been considered as income since they are either based on the degree of use of the right or on the duration of the use, while a lump sum payment for the absolute transfer of a right, without regard to the use to be made of it, is of its nature considered a capital payment, although it may of course be taxable as income in the hands of the recipient if it is part of that taxpayer's regular business. ...

Royalties, which are akin to rental payments, have invariably been considered as income since they are either based on the degree of use of the right or on the duration of the use, while a lump sum payment for the absolute transfer of a right, without regard to the use to be made of it, is of its nature considered a capital payment, although it may of course be taxable as income in the hands of the recipient if it is part of that taxpayer's regular business. » (Notre soulignement) 18. ...

(endnote 10) The Court adds USAs' to the legal sources that have to be considered: "it would defy logic to treat de jure control as remaining unaltered by an agreement which, by the very statute which governs the incorporation of the company and the governance thereof by its articles and by-laws, is given the same power as the articles to supersede the statutory provisions for corporate control" (endnote 11). ... In its reasons, the Court only considered the components of the agreement interfering with the exercise of the directors' managerial powers, which could otherwise be included in the articles of incorporation of the corporation, in assessing de jure control of the appellant (endnote 13). ...