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(the taxpayer in this case) or Fyled who was liable for UK corporate income tax on the superprofits allocated to Cayman LP turned, in part, on whether Fyled was to be considered as a member of the UK LLP. In finding that Fyled could not be considered to be carrying on business in common with the named partners of the UK LLP and, thus, was not a member of the UK LLP, Whipple LJ adverted to the decision of Park J in Major v Brodie [1998] STC 49, finding that two individuals (Mr and Mrs Brodie) in partnership who entered into a partnership agreement with a third person, had thereby formed a partnership of three person (known as W Murdoch and Sons). ...

Miller J. found that even if he considered that the primary purpose of Nowsco in incurring these fees was to maximize shareholder value, this purpose did not take the inputs outside the realm of commercial activity for purposes of s. 169 given that a public company will suffer adverse financial consequences if it does not behave as commercially expected, and there was a secondary purpose of maintaining the ongoing viability and economic health of the company. ...

In responding to a Crown's contention that the damage award could be considered to be incurred on capital account, Rothstein J.A. indicated (at pp. 6214-6215) that "the finding of fact of the learned Tax Court Judge that the appellant's object in breaching the agreement was to keep his clients and business is conclusive. ...

In responding to a Crown's contention that the damage award could be considered to be incurred on capital account, Rothstein J.A. indicated that "the finding of fact of the learned Tax Court Judge that the appellant's object in breaching the agreement was to keep his clients in business is conclusive. ...

The Queen, 2002 DTC 2110 (TCC)-- summary under Proceeds of Disposition Summary Under Tax Topics- Income Tax Act- Section 54- Proceeds of Disposition The taxpayer, which was a Canadian natural gas producer, received a lump sum as compensation for the losses it was considered to have suffered as a result of the cancellation of long-term natural gas supply contracts it had entered into with one purchaser ("A&S"), with the result that it thereafter was to sell its natural gas under short-term gas supply contracts and under a continuation of modified versions of existing sales arrangements. ...

.), Steele J. stated: "In considering what is the preponderating business, all aspects of the business must be considered and weighed to determine its real function. ...

Parliamentary history to be consulted only in limited circumstances A statement by the Financial Secretary to the Treasury when the Finance Bill 1976 was being considered clearly indicated that a construction which otherwise would have been given by the House of Lords to section 63 of that Act did not accord with Parliament's intention. ...

At issue was whether the employer corporation should be considered to have realized a chargeable gain in respect of the disposal by it of an "asset", which was defined in subsection 22(1) of the Finance Act 1965 to include "all forms of property". ...

Poulin, 96 DTC 6477, 204 N.R. 376 (FCA)-- summary under Start-Up and Liquidation Costs Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Start-Up and Liquidation Costs business does not cease if still dealing with consequences of business acts Before finding that a real estate agent could not deduct legal expenses incurred in defending a suit alleging fraud and misrepresentation while negotiating a real estate transaction, and with the damages being paid by the agent three years after he ceased to act as a broker, Marceau J.A. stated that the agent “cannot be considered to have ceased his activities as a broker as long as he was engaged in completing the things he had done in carrying on his profession, even though at that point he was no longer carrying on business and could no longer act on behalf of clients.” ...

.)-- summary under Paragraph 108(2)(b) Summary Under Tax Topics- Income Tax Act- 101-110- Section 108- Subsection 108(2)- Paragraph 108(2)(b) A clause in a deed of settlement directing the trustees to hold the trust fund "for the purpose of investing such funds in any shares stocks property or property holding company as the trustees in their discretion shall considered to be in the best interest of Sheila" was found to authorize the trustees to invest in any shares, any stock, or any property. ...