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The Queen, 86 DTC 6364 (FCTD) could no longer be considered good law and went on to state (at p. 6083) that "you cannot treat a non-compensatory receipt in the same manner as a compensatory one simply because both arise from the same transaction". ...

Mogan J. found that as the interest accruing on the loan to the completion of construction was capitalized as part of the cost of the project under s. 18(3.1), that interest when paid should not be considered to be deductible in computing the taxpayer's taxable income earned in Canada for purposes of s. 212(13.2). ...

Taylor TCJ indicated that he considered himself bound to choose as between the two above dates advanced by the parties, but went on to indicate (at p. 1853) that the date “which does commend itself to me” was the date of rezoning in 1974, stating that “it is difficult to imagine that the rezoning of the subject property itself for ‘single family dwellings’ could have been consummated without the express knowledge, consent and cooperation of Mr. ...

Any revised notice or amended notice that does not change the Minister's decision cannot be considered a substitute for the Notice of Confirmation. ...

The Queen, 2015 DTC 1103 [at at 614], 2015 TCC 80 (Informal Procedure)-- summary under Effective Date Summary Under Tax Topics- General Concepts- Effective Date consideration for transfer to shareholder adjusted without price adjustment clause An individual shareholder of a corporation ("B&N") thought that he was the beneficial owner of his home, but everyone else, including his accountants (and ultimately the Tax Court) considered that it was beneficially owned by B&N. ...

Neither party had considered the written agreement to have ever been cancelled. ...

Neither party had considered the written agreement to have ever been cancelled. ...

The necessity to determine primary purpose implies that there is more than one purpose and that the transaction is to be considered as a whole. ...

She then found that the above elements (kiosk provision, cashier services and cheque cashing) were "not so interdependent that they should be considered a single supply," it being "convenient, but not necessary, that the Casinos provide all of these elements" (para. 94), and "none of these elements are a minor part of the supply so as to be incidental" for purposes of s. 138 (para. 96). ...

It was reasoned that the mere holding of inventory does not constitute a use of the property for an income-producing purpose in the context of considering a conversion of depreciable property to inventory (or vice versa) – whereas inventory should be considered to be income-producing property in the context of a conversion of personal-use property to inventory, or vice versa. ...