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The income tax issue seems restricted to the years 1965 and 1966, for which years defendant has considered that the profit on the sale of the land on Bourret was income from a business for an amount of $29,491.50 for 1965 and $76,077.25 for 1966 but the statement of claim refers in addition to the years 1967 and 1968. ...

I have carefully considered the decisions in Fancy v. M.N.R., [1988] 2 C.T.C. 2256; 88 D.T.C. 1641, and Merson v. ...

After dickering, based on an agreement of what they considered to be a net of 25 percent of the works' fair market value, they ultimately arrived at a final price of 25 percent of whatever the certificate amount from the Board would be. ...

Finally, he considered that there was also no evidence that the appellants concluded a contract for services with the seller. ...

However, even if it could be considered on the facts of this case that this defendant had “received” these interest moneys, the Supreme Court case of Dominion Taxicab Association v MNR, [1954] S.C.R. 82; [1954] CTC 34; 54 DTC 1020, is authority for the view that an amount received is not income unless absolute ownership in it is vested in the recipient. ...

The facts, of course, must be considered in accordance with the provisions of the Income Tax Act. ...

While arguments were made that the substance of the transaction and not its form should be considered (ie. that there was really one transaction and not two) it was also argued that subparagraph 53(2)(c)(v) was not, in any event, applicable to the payment of the funds by the partnership to the plaintiff because a distribution of partnership capital had not occurred. ...

Hines added that RBC considered itself to be the beneficiary of the insurance policy under the Bank Act Insurance Business (Banks and Bank Holding Companies) Regulations. [5] Counsel submitted that RBC could not have legally been able to offer this product if the beneficiary was not a bank   Analysis   [18]     The question again is whether the Appellant is entitled to add the insurance proceeds to its capital dividend account, thereby permitting the declaration of a tax-free capital dividend under subsection 83(2) of the Act ...

It appears to me to follow that in the statutory scheme the incurring of the need for a survey is not equivalent to the making of an outlay or the incurring of expense for a survey and cannot be considered or treated as, in itself, an expense. ...

The argument of the appellant on this point, as I understand it, is that this assumption has been rebutted since the evidence shows that it was made for the reason that the Minister considered arbitrarily, according to the appellant, that the company that had built the house was entitled to a nine per cent return on its investment. ...