Search - considered

This farm is considered one of the major ones in the province. Gross milk sales in 1969 amounted to $90,500. ... This property contained a brewery business. 3.19 When filing his income tax return for 1972 on April 2, 1973, the appellant did not declare the profit from the sale of the land, which he considered a capital gain. ... In a case of expropriation it is the use the expropriated person makes of the property, not the use the expropriator wishes to make of it, that must be considered to establish the price. ...

The expenses of $120 in tips mostly with meals, according to the evidence, must also be considered as part of the meal and therefore disallowed. Should the expenses for cleaning uniforms be considered personal expenses? ... Should the cost of shoes be considered a personal expense, as the respondent argues? ...

In due course, the aforesaid trust agreement, executed January 10, 1969, was filed in place of an agreed statement of facts, and written arguments were also filed in due course by counsel for the parties. lt appears that income tax returns were filed for the trust by the trustees for each year, wherein the trustees reported no income for the trust since the trustees considered that, in pursuance of the terms of the trust settlement, the income of the trust had been allocated and set aside at the end of each calendar year for the benefit of the specific beneficiaries of the trust. ... The crux of the problem to be considered is the matter of exactly when the interest of the beneficiaries vested, or will vest, and the answer in turn rests upon the correct interpretation to be given to paragraph 1(b) of the aforesaid trust agreement, which is as follows: NOW. ... Both counsel drew my attention to many decisions of the Canadian courts and of the courts of Great Britain, where the question of the vesting of an interest arising under a trust settlement has called for resolution, and I have considered those references as well as the very able and extensive written submissions put forward on behalf of the respective parties. ...

The land in question, however, was listed as M-3A zoning and had to be considered as a non-conforming use. ... He states that the only other lot in the surrounding area was one that had fill in it but was not being used for M3 purposes and therefore had to be considered on an entirely different basis. ... He was questioned about the availability of services to the areas as having some effect and his answer was: “True, that could be a factor that might be considered but it wasn't critical’’. ...

Kruger considered the subject property very suitable compared to the location and facilities then being used and did not think that an acquisition of some 6 acres was at all excessive. ... For this appellant, there is little evidence that relocation of its business to the new site was seriously considered as a practical alternative. ... (b) Progress None—but to whatever degree relevant, it was this appellant who, while he was horseback riding in the area, first noticed the amount of dust which he considered excessive. ...

The basic conclusions of this appraisal were: Page 7: The subject motel/trailer park operation is considered to have been generating sufficient income at the appraisal date to preclude site redevelopment and therefore, the existing use was considered the highest and best use at the appraisal date. ... The value of the subject property is therefore, considered to be in the land value which is $194,600. ... This price is considered to be the best indicator of value; it is within 5%, or reasonable tolerance, of the appraised value. ...

It is, of course, obvious that a loan made by a person who is not in the business of lending money is ordinarily to be considered as an investment. It is only under quite exceptional or unusual circumstances that such an operation should be considered as a speculation. ... And also at p 444: In my view, the payments made by respondent could not properly be considered as an investment in the circumstances in which they were made. ...

The point was made by counsel for the appellant that since no action was taken to enhance the value or potential of the property for resale, the transaction should be considered on capital account. ... Considered together with the fact that the property earned less income than its carrying costs, it is difficult indeed to accord any merit to this argument. ... No information was provided to the Board upon which the calculation of “income” as opposed to “funds received” might be made, and no opinion as to the amounts to be considered taxable in each of the three years is expressed thereon. ...

Mr de Stecher, on behalf of the appellant, considered this property and gave his valuation and written appraisal of it, as at Valuation Day, in July 1976. ... While all were considered, some were rejected as they were not comparable—smaller size or much larger. ... The site is considered to be better located than the subject property. ...

In addition, the documentation in support of his claim that the payments had been made was considered inadequate by Revenue Canada. ...