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OUR COMMENTS There would be many factors to be considered in making any determination on the application of GAAR to a particular case. ...

It is our opinion that subsection 103(l) of the Act will not generally apply where the allocation is consistent with a predetermined method provided for in the partnership agreement, is not a spontaneous or optional arrangement decided after or upon the termination of any given year or event, and the principal reason for the arrangement is not reasonably considered to result in the reduction or postponement of the tax that might otherwise have become payable under the Act. ...

Cette position peut se résumer de la facon suivante relativement aux dépenses de nature courante: "(b) Current Expenditure An amount paid in the ordinary course of a property rental business to a non-anchor tenant is considered to be an income account. ...

Although it is a question of fact whether a plan is carrying on business which can only be determined after considering all of the facts and circumstances, it is our view that a plan would not be considered to be carrying on a business merely because of a short security position arising in the circumstances described in (i) above. ...

Whether a flexible benefits plan may be considered an "employee benefit plan" within the meaning of subsection 248(1) of the Act is a question of fact which would be determined once all the particulars of a situation were known. 11. ...

As a result, the overload penalties were considered, by the Court, to be "unintentional violations" and as such were not "outrageous transgressions of public policy". 2. ...

The foregoing represents our considered opinion as to how the law applies generally, but this is not a ruling and is not binding upon the Department. ...

Since these are completed transactions it is appropriate that this question should be considered by the district taxation office responsible for the audit of the returns involved. ...

If the insurance policy is not considered to be an asset used in carrying on an active business, then substantially all of X Co.'s assets would not be used in the business, and it would no longer be a qualified small business corporation. 4. ...

However, the U.S. airline would not be considered to have a permanent establishment in Canada merely because it sells airline tickets or conducts other business through an independent travel agency at an airport or other location in Canada. ...