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Scott v. The Queen, 2017 TCC 224

In particular, he considered the phrase “in respect of,” which appears in the first line of subsection 241(3) of the ITA and the phrase “relating to” which appears in the first line of paragraph 241(3)(b) of the ITA. ... Counsel submitted that, in a general situation, one of the factors to be considered when resolving an income-versus-capital issue is a comparison of the manner in which the payor and the payee of a particular payment report the payment on their respective income tax returns. [61] While counsel did not refer me to any specific authority for that proposition, I acknowledge that certain comments made by the Federal Court of Appeal and the Supreme Court of Canada in Redeemer Foundation are supportive. ... Kennedy, I have considered an alternative expression of the principle, as given by Mogan J in Dumas, where he made the following comment: In income tax law, there is nothing magic about an amount recovered by a plaintiff in civil litigation whether it be the result of a favourable judgment or a negotiated settlement. ...

Wall v. The Queen, 2019 TCC 168, aff'd on other grounds 2021 FCA 132

Thomson also considered the fact that Mr. Wall represented himself to the bank as a real estate developer. ... I have accordingly not considered this issue further. G. GST Late Remitting Penalties – Former Paragraph 280(1)(a) [219] Subsection 280(1) of the ETA was amended by S.C. 2006, c. 4, subsection 146(1). ... I have accordingly not considered this issue further. V. CONCLUSION [223] Overall, it is my view that Mr. ...

Paletta v. The Queen, 2019 TCC 205, aff'd 2021 FCA 182

It was considered part of the overall structure. By the time it was gifted to me, we were well aware that the transactions were being reviewed. ... M.N.R. [99] [274] There are multiple expressions of the factors to be considered. ... The more closely a taxpayer's business or occupation is related to real estate transactions, the more likely it is that the income will be considered business income rather than capital gain. ...

Harvard Properties Inc. v. The King, 2024 TCC 139

The Court has no idea if everything that should be considered or accounted for in making such a comparative analysis and should appear on that visual aid is there, nor whether anything that should not be considered or accounted for is not on that list. ... Svedahl was not aware of any tax efficiencies offered or considered by Harvard Properties. [57] Mr. ... He described the broker as someone he knew from at least a couple of transactions, who was considered the best in Calgary, and was his “go to” real estate broker. [82] Mr. ...

24 August 2010 External T.I. 2010-0359001E5 - TFSA - Swap Transaction

Reasons: 1) The proposed definition of "swap transaction" excludes a transfer of property that is a distribution from or contribution to a TFSA trust. 2) Based on wording included in the proposed legislation. 3) The TFSA trust would be regarded as having written a naked call option, which may result in the trust being considered to be carrying on a business. ... For purposes of applying subsection 146.2(6) of the ITA, where a TFSA trust is considered to be carrying on a business, the trust will be taxable to the extent of the income earned from that business. ...

29 March 2012 External T.I. 2011-0415641E5 - Mortgage Investment Corporation

We have previously opined that where a MIC acquires units of a mutual fund trust, it will be considered to have an investment in units of a trust and not to have any interest in the property held by the trust (document 2002-016532). ... We note that section 253.1 of the Act provides that for the purposes of certain specified provisions of the Act stated therein, including paragraph 130.1(6)(b) of the Act, where a trust or corporation holds an interest in a partnership and, by operation of any law in respect of the partnership, the liability of the partner as a member of the partnership is limited, the trust or corporation will not be considered to carry on any business or other activity of the partnership, solely because the trust or corporation acquired and holds the partnership interest. ...

23 April 2012 Internal T.I. 2012-0436921I7 - Capital Losses

Reasons: Since subsection 40(3.6) of the Act applies, the taxpayer is not considered to have sustained a loss for the purposes of subsection 39(1) or 39(2) of the Act April 23, 2012 XXXXXXXXXX HEADQUARTERS Large File Case Manager Income Tax Rulings XXXXXXXXXX Tax Services Office Directorate A. ... Since Parent’s loss is deemed to be nil because of the application of subsection 40(3.6), Parent cannot be considered to have “sustained a loss” at the time that U.S. ...

2007 Ruling 2007-0248021R3 - Cdn Japan Convention: withholding rate deemed div.

To the best of your knowledge and that of the Company, none of the issues involved with this ruling request: (i) is in an earlier return of the Company or a related person; (ii) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of the Company or a related person; (iii) is under objection by the Company or a related person; (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired, or (v) is the subject of a ruling previously considered by the Income Tax Rulings Directorate. ...

6 October 2000 External T.I. 2000-0038055 F - Contrôle par une société de personnes

It is also our view that two corporations would be considered related under subparagraph 251(2)(c)(i) of the Act if a member ("majority partner") of a general partnership is able to control the activities of the partnership, including the exercise of the voting rights in respect of the shares of the two corporations owned by the general partnership, thereby making it possible to effectively control the two corporations. In situations where there is no majority partner, the two corporations would be considered related under subparagraph 251(2)(c)(i) of the Act if they are both controlled by the same group of people. ...

18 October 2011 External T.I. 2011-0401381E5 - Capital Cost Allowance for a Partnership

Lastly, subsection 13(27) of the Act generally establishes the time at which certain depreciable property (other than a building) is considered to have become available for use by a taxpayer for the purposes of determining, under subsection 13(26) of the Act, the time at which capital cost allowance may first be claimed. In particular, paragraph 13(27)(f) of the Act generally provides that a depreciable property (other than a building) acquired by a taxpayer that is a public corporation or the public corporation's "subsidiary wholly-owned corporation", as that term is defined in subsection 248(1) of the Act, will be considered to be available for use at the end of the year in which the property commences to be depreciated for accounting purposes. ...

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