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TCC

Russell v. The Queen, docket 2001-313-IT-I (Informal Procedure)

Her Majesty the Queen, [1999] 2 C.T.C. 2908, another case referred to by Respondent's counsel, this Court considered the doctor's "To whom it may concern" letter which used the word "prescribed" in the context of carpet removal. ... " This section has been judicially considered. There are two lines of cases relied on by Respondent's counsel. ...
TCC

Valdis v. The Queen, docket 2000-2511-IT-I (Informal Procedure)

The Queen, [1] Judge Sobier considered this question in that case where the Appellant wanted a determination that all taxes owing were or should have been withheld by his employer. ... The Queen, [2] Judge Bowman considered the jurisdiction of this Court with respect to crediting an Appellant for source deductions withheld but not remitted by the employer, and stated at paragraph 14: Even if I had concluded differently it would not have been within the power of this court to declare that in determining the balance owing to the Government of Canada by Mr. ...
TCC

Blanchard o/a Four Pillar Financial v. The Queen, docket 2000-3620-GST-I (Informal Procedure)

The assessor testified that she considered three possible methods of allocation. ... When the income statements are considered it seems very unlikely. In any event, his evidence on the point was both vague and uncorroborated, and I would not rely on it. [22]          The remaining method is to allocate in proportion to the contributions to revenue of the commercial and non-commercial activities. ...
TCC

Lamothe v. The Queen, docket 2000-2552-IT-I (Informal Procedure)

Have you ever considered the fact that, even to film an interior scene, we have to install lighting outside? ... He did so for various reasons, referring in particular to the following: ·             the particular characteristics and requirements of his work; ·             according to him, the Act did not take into account the new reality in the film production industry; ·             the unreasonable and inappropriate nature of the requirements of the Act. [15]          The various grounds cited by the appellant to justify his behaviour may be quite legitimate in his view, but they have no legal merit and may not be considered by this Court, which is essentially bound to follow and apply the provisions of the Act. [16]          In view of the evidence, I must dismiss the appeal. ...
TCC

Bergeron v. The Queen, docket 97-1037-IT-I (Informal Procedure)

(as he then was) considered what constitutes the operation of a business and concluded that "although originally disputed, it is now accepted that in order to have a 'source of income' the taxpayer must have a profit or a reasonable expectation of profit". ... 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. ...
TCC

Veilleux v. The Queen, docket 97-297-IT-G

Cayer and one of his co-workers put it this way: “ We have considered taking control of this operation and maximizing the liquidation process; however, this alternative would expose us to a loss. ... He considered it important to pay them those amounts just before the Christmas holidays because of the low wages they were earning. ...
TCC

Singh v. M.N.R., docket 97-806-UI

Thus at the end of the day all of the facts must be considered and all of the relevant criteria or tests enunciated in the case law must be applied. [12] The expression "at arm's length" was considered by Bonner, T.C.J. in William J. ...
TCC

Borsellino v. M.N.R., docket 97-1758-UI

Thus at the end of the day all of the facts must be considered and all of the relevant criteria or tests enunciated in the case law must be applied. [15] The expression "at arm's length" was considered by Bonner, T.C.J. in William J. ...
TCC

Com Dev Ltd. v. The Queen, docket 96-4343-IT-G

The Contractor shall not, without the express written permission of Her Majesty, divulge or use such Technical Information and Inventions, other than in performing the Work under this Contract, and shall not sell other than to SPAR under this Contract, any articles or things embodying such Technical Information and Inventions. [3] [11] Spar included the foregoing clause in its contract with Com Dev, but also included the following diminution modification clause: 12.7 The information detailed in the Contractor's letter dated April 19, 1990 is considered proprietary to the Contractor or its Subcontractors as the case may be. [4] [12] The letter referred to in clause 12.7 and filed as an exhibit in this proceeding reads as follows: April 19, 1990 File: 5050 Ref.: JB-1578 SPAR Aerospace Satellite and Communications System Division 21025 Trans Canada Highway Ste. ... Statement of Proprietary Information In accordance with the conditions of the RADARSAT Contract between SPAR Aerospace and COM DEV, S-700014, Article 12 – Intellectual Properties – this will certify that all equipments, associated Technical Information and Technical Documentation to be generated in performance of the Work and considered deliverable under the contract will utilize computer software, processes, methods, techniques and know-how in existence or residence with COM DEV prior to effective date of the Contract. ...
TCC

Negri v. M.N.R., docket 97-753-UI

., supra, the Federal Court of Appeal laid out certain matters which should be considered by this Court when hearing these appeals. ... She explained in clear terms what her duties and responsibilities were, why they were worth the amount that she was paid and how relative to what she had earned four years previously in an office position it could not be considered excessive. ...

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