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The intention of the purchaser in a transaction of this nature cannot be considered. ... Since the price is fixed by two parties for the whole property (land and building); Since the two parties are at arm’s length; Since the price is considered to be the right price and consequently the market price for the involved transaction (even if it is not the best transaction to serve as comparison to fix the fair market value of another transaction): Maybe mutatis mutandis, the principle that the courts are inclined to accept for deduction concerning expenses or losses should be applied: the commercial and practical aspects of the transaction must be considered rather than the legal aspect (Hallstroms Pty Ltd v FIC, 8 ATD 190; BP Australia Ltd v Commissioner of Taxation, [1966] AC 224; Her Majesty the Queen v F H Jones Tobacco Sales Company Limited, [1973] CTC 784; 73 DTC 5577; The Estate of W C Cochrane v MNR, [1976] CTC 2215; 76 DTC 1154). ...

The appeals were not heard on common evidence but it was agreed that this one set of general reasons would be written and that the specifics of the individual appeals would be considered and determined by the Board, within that framework. ... This leaves to be considered the situation where there is no evidence of “assignment or other transfer”, and yet because of the bond market trans- actions entered into by the appellants, there was a profit (or a loss) related to the alleged “accrued interest” either on sale or redemption of the security or bond coupon. ... Where there is no evidence of physical registration or delivery, the appeal will be dismissed; where such registration or delivery is asserted by virtue of a trustee or agency relationship, then that will be considered only if it is established that no impediment, including payment, remained to prohibit such registration or transfer to the individual appellant. ...

The following criteria should be considered: the profit and loss experience in past years, the taxpayer’s training, the taxpayer’s intended course of action, the capability of the venture as capitalized to show a profit after charging capital cost allowance. ... In 1982, the facilities of the appellant are considered as one of the top in eastern Ontario according to Mr Armitage (para 3.06), and it is “the up-coming farm in Ontario” according to Mr Michel Béchard (para 3.07). ... The fact that Mr Malik moved his own home from an urban location (para 3.04(n)) to a farm may be significant in certain circumstances, but may also be considered as neutral in se. ...

In no way can it be considered the principal use of the building as for the purpose of gaining or producing gross revenue that is rent. ... It is at least possible that some of the more substantial appointments to the entrance lobby and to the fifth floor were considered and approved after March 1, 1974 (a year later) when it was determined that the head office move should be made. ... Whatever limited comparative value these calculations may have in the form put to the Board, it might be considered excessive to term the relationship most unfavourable to the rental rate of return. ...

After considering all those elements, especially those in paragraph 5.03.5, the Board arrives at the first conclusion that the profit made by Squair by the sale of the Kipling building must be considered as business profit. ... The Board arrives at the conclusion trhat the burden of proof of the respondent’s assumed facts was reversed and the profit must be considered as capital gain. ... Inactive business The problem is whether or not the profit made by Squair in the sale of Kipling must be considered as active or inactive business. ...

The Appellant subsequently leased this adjoining acreage; (b) in February 1970, the Grand River Conservation Authority appraised lands being considered for expropriation. ... According to the witness, it was on the suggestion of the architect, Mr Robinson, that they considered planning a housing lot development with the golf course development. ... (SN 2, page 102) 3.53 In reassessing the appellant, the respondent had considered that the value of the subject property on March 24, 1972 was $850 per acre. ...

Well, in my experience, production managers and assistant directors have always been what we considered in the field as self-employed freelance personnel. ... The Board thinks, that in a case of this nature, the main measures to be considered must be the nature and the complexity of the task, and the freedom of action given, i.e. “the nature and degree of the detailed control over the person alleged to be the servant” as said McCardie, J quoted above (para 4.03.3.8), saying it can be considered as a “final test, if there be a final test”. ...

There are of course all the transactions considered to be a sham within the meaning of the definition of that term as set out in Snook v London West Riding Investments. ... In January 1968, an employee of the plaintiff’s off-shore purchasing department took up residence in Nassau and became the manager of the subsidiary, but he considered his functions and duties to be quite similar to those he had had in the plaintiff’s purchasing department. ... Among the main factors given by the jurisprudence which must be considered in the application of section 245 of the new Act the following one (the main one) will be studied in the present case. ...

On the advice of his advisers, the appellant reduced this amount to $24,000, which was considered more normal. ... One party arrived at $125,000, and the other at $2,300 which might be considered personal goodwill. ... Ten per cent of this figure, that is, $20,000, could be considered part of the goodwill. ...

The respondent considered that the expenses incurred in relation to the appellant’s farming activities were personal or living expenses. 2. ...