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The Tax Court Judge noted that the purpose of the venture was one of the factors which should be considered in determining the overriding issue of reasonable expectation of profit. ...

., an unreported judgment dated June 23, 1986, Judge Cardin considered the works of various authors relating to government undertakings with respect to the deduction of start-up costs. ...

Justice Teitelbaum ordered that the taxpayer present his case first, as the onus was on him to prove the invalidity of the reassessments, which the Court considered prima facie valid under subsection 152(8) of the Act. ...

The suggestion is that although the documents looked upon in isolation might be viewed as unrelated to the legal advice given, this ceases to be the case when the matter is considered in context ...

In preparation of the income statement it is considered proper accounting practice to match against revenue earned in any fiscal year the expenses incurred to earn that revenue. ...

As I appreciate it, there were two main branches of evidence to be considered, viz: (a) the market history of the value of the shares that were held by persons other than the appellant in the third company; and (b) the consideration received for the block of shares constituting the dividend by the parent company from a purchaser with whom it was dealing at arm’s length immediately after the payment of the dividend. ...

., [2005] 2 C.T.C. 183, 2005 DTC 5201, Sharlow J.A. of the Federal Court of Appeal stated as follows:   For the purposes of Part I of the Income Tax Act, the answer to that question requires the application of a judge-made rule, sometimes called the " surrogatum principle ", by which the tax treatment of a payment of damages or a settlement payment is considered to be the same as the tax treatment of whatever the payment is intended to replace ...

Given this manner of reporting it is not surprising that the Minister on assessing should have considered it a logical consequence to include in 1986 the balance of the bonus unpaid. ...

The three departmental officers involved, namely the appeals officer, the section chief of the Appeals Division and the chief of appeals testified by way of affidavit that they considered the following facts: (a) the request made by the applicant and the reasons therefore [sic]; (b) in filing its income tax return for the 1990 taxation year, the applicant did not include income in the amount of $38,803.03 in its computation of total income; (c) the applicant does not dispute its tax liability; (d) the “self-assessing” system of taxation puts the onus on the taxpayer to properly report income; (e) there are a number of elective returns that can be filed in the year of death; (f) the guidelines established in Information Circular No. 92-2 and Internal Directive ARD-92-01 dated April 16, 1992 were not met in these circumstances. ...

  [9]               In very general terms, the appellant is considered to have paid $89,093 over the 15-year term of the Policy in order to benefit from a $300,000 death benefit over that period. ...