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Neither can this deal, or more exactly its subject-matter, be considered as instancing a ‘‘sale or exchange of capital assets”, that, in the present set of facts, would also be exempt from taxation in Canada, by virtue of Article VIII of the 1943 Tax Convention, hereunder recited: “Gains derived in one of the contracting States from the sale or exchange of capital assets by a resident or a corporation or other entity of the other contracting State shall be exempt from taxation in the former State, provided such resident or corporation or other entity has no permanent establishment in the former State.” ...

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. ...

The estate was taxed in the United States on the shares on the basis of an estate tax liability and certain arguments were addressed to the question of whether taxation on the value of an asset pursuant to an estate tax or succession duty statute in one country can be considered double taxation when the incidence of the tax on the same asset arising out of the same event is based on a capital gain in the other country. ...

Retroactive revocation has potentially severe tax consequences for Mr Hodge, since the amount transferred into the Plan from the Teachers’ Pension Plan could be considered income for the taxation year 2001: see Boudreau at para. 7 ...

He knew that the remittances could be made at a financial institution but considered payment to a financial institution as costly and unnecessary. ...

The addition of such radios to the motor vehicles would not, in normal commercial usage, be considered either as an act of manufacture or production. ...

In my view, however, even if it could properly be said that the residence of the appellant was throughout the period from November 23, 1941, to May 8, 1946, extraordinary, in the sense of being out of the usual course of his life considered as a whole, it would not follow that he had during such period an ordinary residence in Canada; it would rather follow that during the years mentioned he ceased to have anywhere a residence which was ordinary in the corresponding sense. ...

The restriction on deductions provided for in section 114 applies only to those deductions that cannot reasonably be considered applicable to the period of residency of a Canadian resident for that taxation year that is contemplated. ...

[Stem] is not an entity separate and apart from [Meredith]....It was the [applicant's] business and the [applicant] cannot be considered an employee of [Stem] during the 1997 taxation year. ...

What is the line which separates the two classes of cases may be difficult to define, and each case must be considered according to its facts; the question to be determined being—Is the sum of gain that has been made a mere enhancement of value by realising a security, or is it a gain made in an operation of business in carrying out a scheme for profit-making?” ...