Search - considered

The Queen, 2006 DTC 2642, 2006 TCC 230-- summary under Paragraph 251(1)(c) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(1)- Paragraph 251(1)(c) parties pursued their own interests Before going on to find that the taxpayer had purchased a sublicence of software from a person with whom he was dealing at arm's length (and rejecting a submission of the Crown that the fact that the software was sold for a fixed price without negotiation by the taxpayer was evidence of non-arm's length dealing) Bell J. stated (at p. 2654): "The fact that the parties considered that they had entered into a mutually beneficial relationship when, at the same time, they were pursuing their own individual interests and were free, without either of them being controlled by the other, to enter or not enter into that relationship means that they were dealing with each other at arm's length as a matter of fact. ...

Since the valuation question was not considered or raised by the Minister until later, the onus respecting value was on the Minister. ...

In finding that former s. 245(1) did not apply, Tremblay-Lamer J. stated (at p. 6099): "In the case at bar, Parliament had considered the acquisition and disposition of non-qualified investments. ...

Lamarre TCJ. stated (at p. 1883): "Testing would not normally be considered as an eligible SR&ED activity. ...

.)-- summary under Paragraph 108(2)(b) Summary Under Tax Topics- Income Tax Act- 101-110- Section 108- Subsection 108(2)- Paragraph 108(2)(b) A clause in a deed of settlement directing the trustees to hold the trust fund "for the purpose of investing such funds in any shares stocks property or property holding company as the trustees in their discretion shall considered to be in the best interest of Sheila" was found to authorize the trustees to invest in any shares, any stock, or any property. ...

Boyle J agreed with the Minister that this agreement could not be considered a licence of "equipment" for the purpose of the taxpayer's claims for SR&ED credits. ...

., after reviewing various authorities on issue estoppel, stated (at p. 1735): "On the basis of these authorities, even though on the face of the judgment of the earlier decision it is not obvious that the precise points now put in issue were specifically put to or considered by the judge in the prior proceeding, if they were essential to the determination reached by him a later court cannot retry the issue. ...

In finding that the amount of the write-off was not deductible under s. 11(1)(f) of the 1952 Act, Thorson P. noted that the taxpayer had always considered the amount owing to it by the customers as a capital asset, and that the lending of money was not part of its ordinary business. ...

This profit was found to be realized in connection with an adventure in the nature of trade given that those debentures could not be considered to have been acquired for income and given that the profit arose at least in part from his efforts as a businessman. ...

McMurtry C.J.O. stated (at p. 5364) that the "teams' connection with non-Ontario venues and the control of these venues is relatively so transitory that they cannot be considered to be fixed places of business". ...