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Both learned counsels cited numerous cases; all were read and considered. ...

The appellant was not conversant with the Company's business or affairs but she was aware of the “buy-sell” agreement and considered that she was obliged to sell her shares to George Ernest Parkes on demand. ...

In a question from me, counsel for the Minister replied that in cases when the administrator pays the amount of tax, interest and penalty as a result of his liability under subsection 159(3) the practice of the Minister is to credit the account of the Estate with the payment; the assessment of the Estate is considered by the Minister to be paid. ...

The assumption of this mortgage was considered as payment in part of the purchase price. — In 1980, 1981 and 1982, the Appellant deducted the interest paid on the Victoria and Grey mortgage which he had assumed with respect to the purchase of his new residence, against the interest earned from the original loan made to Joline Automobiles Ltd. ...

(c) Even before the three-month period was up for closing the deal, he had signed a new ten-year lease with Consumers Distributing Company Limited (which he considered a first class tenant at the time) for $40,000 per year on a net-net-net lease basis — a considerable improvement. ...

Therefore it must be considered that all its activities were properly attributed to income account and correctly treated on an accrual basis. ...

Act in force on November 12, 1981. 56. (1) Without restricting the generality of section 3, there shall be included in computing the income of a taxpayer for a taxation year, (a) any amount received by the taxpayer in the year as, on account or in lieu of payment of, or in satisfaction of, (ii) a retiring allowance, other than an amount received out of or under an employee benefit plan, (viii) a termination payment; 248. (1) “termination payment", for a taxation year, means an amount equal to the lesser of (a) the aggregate of all amounts each of which is an amount received in the year in respect of a termination of an office or employment, whether or not received pursuant to an order or judgment of a competent tribunal, other than (i) an amount required by any provision of this Act (other than subparagraph 56(1)(a)(viii)) to be included in computing the income of a taxpayer for a year, (ii) an amount in respect of which an election has been made under subsection 40(1) of the Income Tax Application Rules, 1971, and (iii) an amount received in the year as a consequence of the death of an employee, and (b) the amount by which 50% of the aggregate of all amounts each of which is the amount that may reasonably be considered to be the employee’s salary, wages and other remuneration from an office or employment for the 12 months preceding the date that is the earlier of (i) the date on which the office or employment was terminated, and (ii) the date on which an agreement, if any, in respect of the termination was entered into exceeds the amount determined under paragraph (a) for each previous year in respect of that termination whether the recipient is the officer or employee whose office or employment was terminated or a dependant, relation or legal representative of the officer or employee; B. ...

The record does not contain any directions from the Court as contemplated in item 1 (4)(a) of Tariff A to vary that classification, therefore for the purpose of this taxation it will be considered as a class III action. ...

He said this: I have considered Mr Caruso’s eidence concerning the famous artists he discussed, but I am not satisfied that his opinion should cause the "line” as spoken of by Pollock, CB, supra, to be shifted. ...

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. ...