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The Court considered the decision in Irving Oil Ltd. v. R. (sub nom. Canada v. ... The learned Tax Court Judge canvassed the scheme as follows: A number of possible situations are considered in the management of a registered retirement savings plan. ... In the case at bar, Parliament had considered the acquisition and disposition of non-qualified investments. ...

The letter also outlined the extent of remedial action being considered with respect to the $150,000 gift and indicated, in particular, that the down payments on the children's houses "will be set up as a loan receivable for the Church with the ultimate obligation [that of] Rev. ... While it is clear that this proposal was being considered by the Charities Directorate, it is also clear that the Minister had not accepted the proposal as meeting his concern that the gifts were made in contravention of the Act. ... The record suggests some reluctance to accept the solution perhaps in part because the Pastor had recently purchased a new place and, accordingly, was not considered a reliable guarantor because, by her own admission, she might not be able to repay the loans. ...

  [13]            Justice Angers highlighted that in Recalma, above, this Court restated the principles enunciated in Williams, above, and identified four connecting factors to be considered in determining the situs of investment income: (1) the investment income’s connection to the reserve; (2) the benefit of the investment income to the traditional Native way of life; (3) the potential danger of the erosion of Native property; and (4) the extent to which the investment income may be considered as being derived from economic mainstream activity. ... The substantive portion of the reasoning in this case was set forth by Justice Linden at paragraph 11: [11]      So too, where investment income is at issue, it must be viewed in relation to its connection to the Reserve, its benefit to the traditional Native way of life, the potential danger to the erosion of Native property and the extent to which it may be considered as being derived from economic mainstream activity. ...

According to the Memorandum, if a landlord provides a leasehold improvement allowance, the lessee is considered to have made a taxable supply to the landlord of the construction goods and services used in the leasehold improvements for which the allowance is payment. ... Paragraph 46 provides:          If the landlord provides a cash inducement for the lessee to carry out improvements, the lessee is considered to have made a taxable supply of the construction inputs (i.e., construction services and building materials) used to improve the leased property to the landlord for which the payment is consideration. ... But when the leasing transactions are considered independently, London Life is supplying the leasehold improvements to the landlords for the consideration of the leasehold improvement allowances. ...

Aside from that passage suggesting that "in connection with" is itself not the widest of expressions, that passage does not deal with any contextual implications of the use of the expression such as might have to be considered where the context is one subject matter being "taken-- in connection with" another potentially related subject matter. ...   [16]     Without belabouring the point further, there is nothing, in my view, in the employment of the expression "in connection with" in the subject provision that supports a finding that the widest of connecting factors be considered as sufficient to deny an education tax credit to a student advancing his/her professional education even while employed in that profession. ... If the Supplementary Information commentary had legislative effect, Respondent's counsel would be correct but it does not and I do not embrace the position that it be applied as determinative or even persuasive of the legislative purpose of the exclusionary provision being considered in this appeal. ...

The appellants start from the premise that paragraphs 96(1)(a) and (c) require that a partnership be treated like a "separate person" and that each "partnership activity (including the ownership of property)" be considered as if it were "carried on by the partnership as a separate person" for the purposes of calculating income tax. ... Even though section 96 requires that ITOLP be considered as a "separate person" for income tax purposes, this concept of personhood is artificial and limited. ... Even if ITOLP were to be considered a person, the appellants point out that paragraph 69(1)(a) only applies to acquirers that are "taxpayers". ...

He could have done something else in real estate development but, according to counsel, instead made a considered decision to assist the Appellant to increase her commissions and provide services to the general public. ...   [13]     There is substantial merit to the Respondent's position that what existed between the Appellant and her husband was nothing more than a domestic arrangement which was not and could not be considered to have created a legally binding agreement between them. ... Welton conceded that although in the ordinary course, he would have charged a client for making those arrangements, he did not do so in this instance because they were close personal friends and when asked whether he considered the $2,500 to be a referral fee for introduction to the Barries, he responded "that's what the invoice says, yes, that's correct". ...

In the case of Herb Payne Transport Ltd v MNR, [1963] CTC 116; 63 DTC 1075, Noel, J, (as he then was), in a determination under paragraph 20(6)(g), enunciated the following principles: Because of the reciprocal effect on purchaser and vendor of any such finding here I am prepared to accept, as suggested by counsel for the respondent, that the matter should be considered from the viewpoint of the purchasers as well as from the viewpoint of the vendor. ... In another case before the Exchequer Court involving a determination under paragraph 20(6)(g), Ritchie, DJ, in making the determination, considered the situation from the point of view of both the vendor and the purchaser. ... Here also, in making the necessary determination, the learned Justice considered the evidence as to the bargaining between the parties and the evidence as to the meeting of minds on both sides in the relevant transactions. ...

On his part, the defendant testified that it was his intention, which he implemented, to sell the cattle back to Lang Cattle Co, Ltd, that he considered himself bound to do so, that it was not his intention to make a profit on the cattle and that his sole purpose was to incur expenses by the two purchases in his 1966 and 1967 taxation years to reduce income tax in those years because he wanted to carry the income of those years into subsequent taxation years when his income would be less. ... Having resolved that the appellant was engaged in the business of farming and in so concluding he considered that if what the taxpayer was doing was farming that then a reasonable expectation of profit is only one of the indicia to be considered in reaching that determination, the next question before Mr Justice Gibson was whether there was a combination of farming and some other source of income. ...

From what I have said of them it is I think clear that these core deposits did not have the dual quality of both part payment and security as did those considered in Elson v. Price Tailors Ltd., [1963] 1 All E.R. 231, but were purely security deposits, resembling in that respect those considered in Davies v. ... The deposits in the Shell of China case were held to be capital rather than trading receipts but the deposits in the present case appear to me to have been much more closely related to the appellant’s trading transactions than were the deposits considered in that case and in my view were receipts of a trading or revenue nature within the principle of Landes Brothers v. ...