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In finding that the taxpayer had not complied with the requirement in the Alberta Corporate Tax Act that the return be filed with the Provincial Treasurer by June 30, 1989, the Court of Appeal affirmed the finding of Rawlins J. that the word "filed" is "clear and unequivocal and connotes the requirement of actual delivery before filing and therefore a mailed document is not considered 'filed' until it is received and not at the point of mailing". ...

Accordingly, it was not relevant that, in the absence of this definition, the corporation might be considered to derive income from a business rather than income from property. ...

Bentley was considered under the Finance Act 1965 to have acquired, on her father's death in 1967, a 1/6 share of real property situate in West Germany which passed to her for a consideration equal to its fair market value, and sold her interest for DM in 1973. ...

In finding that the portion of the assets acquired through the issue of the special shares should be considered to have a cost to the taxpayer of $1,000, Rip T.C.J. stated (at pp. 2510-2511) that "it is the directors who determine the stated capital of shares and the consideration for the issue of the shares", and further noted that the date of payment of the dividend might have been delayed indefinitely until the directors determined to pay it. ...

., 2015 ONSC 7189-- summary under Paragraph 6204(1)(a) Summary Under Tax Topics- Income Tax Regulations- Regulation 6204- Subsection 6204(1)- Paragraph 6204(1)(a) board had discretion to determine fixed liquidation entitlement In addition to denying the s. 110(1)(d) deduction on the basis that executives had sold their optioned shares to a specified person (who on-sold to the arm’s length purchaser of the corporation, namely, Rogers), rather than directly to Rogers, CRA also considered that the shares were not prescribed shares because the Board on liquidation had the discretion to establish a fixed liquidation amount for the shares. ...

The court considered whether the covenant could be rectified on the basis that the term "Metropolitan City of Vancouver" mistakenly described the geographic scope of the covenant, and denied rectification because the parties did not have a prior oral agreement regarding the geographic scope of the covenant and the parties did not mistakenly describe something else in the written contract. ...

Supreme Court for a declaration that a purchaser of the foreclosed properties would be considered to be acquiring them from the (resident) banks rather than from the non-residents (so that s. 116(5) would not apply.) ...

Although she confirmed an interpretation of a provision that effectively read the phrase “or include” out of it, she did not consider it necessary to apply the Luke principle to do so as she considered that the wording of the provisions themselves evinced an intention that effectively ignored those two words. ...

Commissioner of State Revenue v Rojoda Pty Ltd, [2020] HCA 7-- summary under Section 96 Summary Under Tax Topics- Income Tax Act- Section 96 partnership property is held in trust for the partners The High Court considered (at para. 21) it to be “orthodox” and correct law that “the interest of partners in relation to partnership assets is not an interest in any particular asset but is an indefinite and fluctuating interest in relation to the assets, being the right to a proportion of the surplus after the realisation of the assets and payment of the debts and liabilities of the partnership.” ...

Monet stated (at p. 130) that: When, after the departure of the lessee, the landlord had to practically rebuild the inside of its building, I do not think that such an operation can be considered as purely incidental to the carrying on of its business. ...