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FCTD

MHL Holdings Ltd. v. The Queen, 88 DTC 6292, [1988] 2 CTC 42 (FCTD)

It has also been said that an expenditure which benefits more than one accounting period is considered a capital outlay. ...
FCA

James Richardson & Sons, Ltd. v. MNR, 82 DTC 6204, [1982] CTC 239 (FCA), rev'd supra.

Provision of the information to that officer at the time of his attendance at your office will be considered as compliance with this requirement, if your acknowledgment is received on or before December 8, 1980. ...
FCTD

The Queen v. Taylor, 84 DTC 6234, [1984] CTC 244 (FCTD)

When any case may be doubtful upon a statute four things can be gleaned by Heydon’s case (supra at fo 7b) which are to be discerned and considered: (1) the state of the law before the enactment, (2) what was the mischief and defect which the prior existing law did not provide, (3) what remedy Parliament provided to cure the defect, and (4) the true reason for the remedy. ...
FCTD

Newcombe v. Canada, 2013 DTC 5160 [at at 6393], 2013 FC 955

DISCUSSION   [17]            Lump sum payments to an employee may be considered as employment income, retirement allowance, or liquidated damages, or indeed a payment may have a dual purpose depending on the circumstances. ...
TCC

Bishop v. The Queen, 2009 DTC 1213, 2009 TCC 323 (Informal Procedure)

(c)     Integral Part or Separate Asset — Another point that may have to be considered is whether the expenditure is to repair a part of a property or whether it is to acquire a property that is itself a separate asset. ...
TCC

Rogers v. The Queen, 2014 DTC 1109 [at at 3230], 2014 TCC 101 (Informal Procedure)

However, it is apparent from the evidence, oral and documentary, and the position advanced by the appellant that the appellant considered the vehicles as payments, in depreciable items, to her sons for tasks performed thus enabling the business to earn income by controlling costs. [4]   [16]         Another concern with the respondent’s position is that it fails to factor in the detailed explanation of the tasks that the appellant’s sons performed. ...
TCC

Syspro Software Ltd. v. The Queen, 2003 DTC 931, 2003 TCC 498

., 83 DTC 5041, which considered the meaning of the words "in respect of", which are found in the exemption in subparagraph 212(1)(d)(vi) ...
TCC

Griffin v. The Queen, 2012 DTC 1024 [at at 2621], 2011 TCC 531 (Informal Procedure)

First, in order to allow the matter to proceed as scheduled rather than adjourning the matter to allow the respondent to file amended replies, so as to eliminate any doubt, I ruled that the respondent would not be considered to have admitted any allegations in the amended notices of appeal.    ...
FCA

Canada v. Rose, 2009 DTC 5076 [at at 5806], 2009 FCA 93

Nonetheless, when considered against the relevant legal background, the evidence unmistakably indicates that Mr Rose transferred the entirety of his interest in the property. ...
FCTD

Grohne v. The Queen, 89 DTC 5220, [1989] 1 CTC 434 (FCTD)

Issues Are the amounts of $31,395 in respect of 1980, and $142,800 (revised at trial from $154,000) in respect of 1981, representing the difference between the purchase price of 26,164 shares acquired by the plaintiff in 1980, and 56,000 shares acquired by him in 1981, both acquired under the standby arrangement at 25 cents per share, and their market value on the date of purchase, income of the plaintiff because they were received by him (1) in respect of, in the course of, or by virtue of his “office or employment", thus bringing them within paragraph 6(l)(a) of the Income Tax Act and excluding them from the protection of subsection 7(5) of the Act so that they would also be considered income Within paragraph 7(1)(a); (2) as a "benefit or advantage... conferred on a shareholder" by the corporation, thus bringing them within paragraph 15(1)(c) of the Act; or (3) as profit from a "business" (within subsection 9(1)) as defined by subsection 248(l) to include “an adventure or concern in the nature of trade”. ...

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