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The Queen, 2006 DTC 2053, 2005 TCC 770-- summary under Subsection 244(14) Summary Under Tax Topics- Income Tax Act- Section 244- Subsection 244(14) In finding that a notice of reassessment that the Minister mailed to the wrong address within the six-month period referred to in s. 152(4.1) should not be treated as being made within that period, Bell J found that a notice of assessment mailed to the wrong address could not be considered to have been mailed for the purposes of s. 244(14). ...

Paragraph 62(3)(c) is meant to include things that might not otherwise be considered "moving expenses. ...

After finding (at para. 55) that "the Points cannot be considered to be a gift certificate…as there is no fixed correlation between the Points issued and their use," Hershfield J went on to state obiter (at para. 60) that "Points can indeed by coupons even though they can only be used in fixed blocks that are sufficient to ensure that the taxable excess is always nil. ...

After rejecting (at para. 47) the Minister's submission "that the Points cannot be gift certificates for want of a stated or face value," Hershfield J stated (at para. 51) "that if the certificate entitles the holder to an identifiable supply, it can still be a gift certificate," and found (at para. 55) that here "the Points cannot be considered to be a gift certificate…as there is no fixed correlation between the Points issued and their use. ...

Decary, J. stated that in determining whether interest should be imputed on the payments to the taxpayer "the prime factor to be considered is whether or not the fair market value has been paid" and accepted the taxpayer's evidence that the purchase price for the property was equal to its fair market value. ...

The Queen, 2012 DTC 1099 [at at 2959], 2012 TCC 55, aff'd 2013 DTC 5009 [at 5554], 2012 FCA 306-- summary under Paragraph 12(1)(x) Summary Under Tax Topics- Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(x) break fee not all reimbursement After finding that break fees totalling $7.7 million received by the taxpayer in an unsuccessful acquisition attempt were fully taxable to it under s. 9 given that "its ordinary business activities included trying to make corporate acquisitions such as its bid for Acanthus resulting in the break fee" (para. 45), Boyle J. briefly considered the Minister's alternative argument that the break fee was reimbursement under s. 12(1)(x) for the taxpayer's expenses in preparing the takeover bid. ...

"It is not even a true liability but rather a mere right to choose at some time in the future whether an undetermined amount will be paid or not and is therefore even more tenuous and nebulous than what is commonly considered a contingent liability. ...

In finding that the taxpayers' proceeds of disposition was equal to the reserve bid amount, Rothstein J. found that under the laws of Newfoundland, the mortgagee would be considered to have acquired the property for an amount equal to the reserve bid and that such sale had the effect of extinguishing the taxpayer's liability to the mortgagee. ...

Notwithstanding that the dykes were 200 or 300 feet tall and were carefully engineered, Bell T.C.J. indicated that even if the expenditures on them were considered to have given rise to a capital asset, it was his "impression" that they could not be described as a "structure". ...

In finding that the taxpayer had not complied with the requirement in the Alberta Corporate Tax Act that the return be filed with the Provincial Treasurer by June 30, 1989, the Court of Appeal affirmed the finding of Rawlins J. that the word "filed" is "clear and unequivocal and connotes the requirement of actual delivery before filing and therefore a mailed document is not considered 'filed' until it is received and not at the point of mailing". ...