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The Queen, 2009 DTC 1401, 2009 TCC 290-- summary under Subsection 163(2) Summary Under Tax Topics- Income Tax Act- Section 163- Subsection 163(2) Before finding that a penalty imposed on the taxpayer in respect of his deliberate overvaluation by $402,225 of losses from securities transactions in the taxpayer's 2002 taxation year was entirely warranted, Tardif, J. noted (at para. 52) that the taxpayer deliberately and knowingly decided to report losses that were greatly overstated owing to circumstances he considered favourable in that the vast majority of the investors in the stock market, if not all, had sustained considerable losses. ...

Sarchuk J. indicated (at p. 871) that: There is substantial merit to the Respondent's position that what existed between the Appellant and her husband was nothing more than a domestic arrangement which was not and could not be considered to have created a legally binding agreement between them. ...

Profit- Real Estate development of raw land as income-producing land not parcticable It was admitted on examination for discovery that at the time of acquisition of non-revenue producing lands, the acquiring company considered development of the lands as revenue-producing real estate (as opposed to reselling it at a profit, as in fact occurred) as unlikely in view of the capital and expertise required for such development. ...

The payments "were not payments made without consideration and cannot therefore be considered 'gifts'.... ...

In determining whether s. 8(1)(h.1) operated so as to exclude the allowance from the taxpayer's income, Woods J. considered whether the employer's presence on the construction site was in the nature of a "permanent establishment. ...

The Queen, 2005 TCC 357 (Informal Procedure)-- summary under Subsection 231(1) Summary Under Tax Topics- Excise Tax Act- Section 231- Subsection 231(1) writing off notation required In finding that the appellant, a criminal lawyer, had not satisfied the "writing off" requirements of s. 231(1) in respect of amounts owing to him by the Ontario Legal Aid Plan, Bonner J stated (at para 6): [A] bad debt cannot be considered to have been written off in a person's books of account unless and until a notation is made in those books that the particular debt has been written off. ...

Favreau J disallowed the deduction, as there was nothing in the employment contract indicating that the taxpayer was required to pay those expenses- in fact, the employer generally reimbursed such amounts, but apparently considered the $44,000 in question to be unreasonable. ...

Willann Investments Ltd. (1989), 63 DLR (4th) 760 (Ont CA)-- summary under Subsection 248(7) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(7) An offer was considered to have been "delivered" to a person ("Willann") when it was faxed to Willann: "Where technological advances had been made which facilitates communications and expedite the transmission of documents we see no reason why they should not be utilized. ...

For these purposes, Rothstein J. considered the date the agreement of purchase and sale was entered into (on April 5) rather than the date of closing (October 31) to be the relevant date. ...

Bell T.C.J. found that having considered and allowed the initial request for a loss carry back, the Minister was foreclosed from further reassessing the 1987 taxation year. ...