Search - considered

Since the subject farm site is a considerable distance from Virden, situated on a gravel road, an economic obsolescence factor of 40% is considered reasonable. ... The conclusion to be drawn from this information is that Oxbow soils are not of the quality of the Pipestone soils but are considered to be better than Souris soils. ... Sale 1 is adjacent to the subject property and although it does not have as much cultivated acreage, it is considered to be a good indicator of value. ...

The contention of the respondent is that the transfer is a sale, and that the profit must be considered as income because it was derived from land speculation. 2. ... However, with the evidence adduced, the transfer must be considered as a real transaction with a profit of $12,000. 4.3.2 Is the profit a capital gain or an income? ... Other factors must be considered and especially the circumstances surrounding the acquisition of the property. ...

The presiding Member, the late Alex Prociuk, Esq, considered that the appellant’s motion was well founded and he granted the motion. ... The assessments from which the appeal was taken, in my opinion, still stand and the pleadings, including the amended reply, must be considered in so far as they are pertinent to the assessments. ... In my view, the amended reply cannot be considered as, or have the effect of, an assessment or a reassessment regardless of what it may contain. ...

The capital gain realized upon sale of the properties is as a result of the revaluation now considered to have amounted to $356,500, rather than $400,000 as found upon assessment less disposal expenses of $14,152.41. ...

The appellant accepted that this amount should be considered personal. ...

The effect of the Bill of Rights on section 63 was considered in Ayala v The Queen, [1979] 1 FC 695; [1979] CTC 111; 79 DTC 5083. ...

There is not a delay of months after the final day; as I understand it, it is one day after the date of the last date on which the filing of the notice of objection could have been made, and it seems to me that when Mr Flanigan spoke of the human frailties which could be considered as unusual circumstances, we are here dealing with human frailties. ...

In my opinion, whether the said document is a “writing” or a “written document” or whether the appellant did or did not pay amounts of alimony according to Exhibit A-1, it cannot be considered a formal, binding, legally acceptable written agreement within the meaning and purpose of paragraph 11 (1)(l). ...

This appeal therefore only deals with a payment of $214.20 to Centennial Life Insurance Company of Pittsburg, Kansas (hereinafter referred to as “Centennial”) that the appellant claimed as a charitable donation, the benefits of which flowed indirectly to Tabor College, and which the Minister had disallowed on the ground that the amount claimed was not a deductible gift to a university within the meaning of subparagraph 110(1)(a)(vi) of the Income Tax Act, SC 1970–71–72, c 63 as amended. 3 The evidence clearly established the following facts: (1) that the $214.20 paid by the appellant to Centennial was in the nature of a charitable donation to Tabor College; (2) that Tabor College is a university situate outside Canada, the student body of which ordinarily includes Canadian students; (3) that the appellant, at the request of Tabor College, chose to benefit that institution by taking out a 20-pay life participating policy on the life of his daughter; (4) that Tabor College was the absolute owner and beneficiary of the said policy with no rights reserved to the appellant; (5) that, if the premium payments had been made out to Tabor College and endorsed over by the university officials to Centennial Life Insurance Company, it would have made no difference to the appellant, Tabor College or the insurance company; and (6) that the arrangement Tabor College had with Centennial was a plan devised to assist Tabor College with its endowment program and, before the plan was entered into, the question of the deductibility for income tax purposes of the premiums as payments to a charitable organization in the United States had been considered in the light of the United States tax laws but not the laws of Canada. 4 Under paragraph 110(1)(a) of the new Income Tax Act various kinds of gifts are allowed as deductions in computing taxable income, including charitable donations to universities outside Canada whose student bodies ordinarily include students from Canada. ...

Normally a residence is considered an investment and any gain realized is ordinarily recognized as a capital gain. ...