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An arrangement remarkably similar to that in question was considered and the argument that the payment was interest was rejected in an English case, Walker & Co. v. ... The meaning of the predecessor was considered by the Federal Court of Appeal in Minister of National Revenue v. ... Sommers, [1959] S.C.R. 678, 31 C.R. 36, at page 685 (C.R. 42). 13 The amendment, by virtue of subsection 12(16), applies only to expenses in curred after 1987 in respect of borrowings occurring after 1987 and need not therefore be considered. ...

In his defence Loewen denied the assumption of fact and claimed that the $40,000 gain realized on the redemption of the debenture did not result from an adventure in the nature of trade and was not income from a business of his: it must be considered a capital gain. 4. ... It is a tantalizingly appealing argument that the promissory note be considered in isolation from the whole of the transaction; however, that is not the real story. What must be considered is the complete transaction and the reason the appellant undertook that transaction. 5. ...

Brown: [7] One factor to be considered is whether or not the alleged separate supply can be realistically omitted from the overall supply. ... These specialized services constitute a composite whole and were, for the purposes of this Act, correctly considered by the Minister to be a single supply. ... Since the subsequent services provided by the Appellant to purchasers of cattle at its auction include hay, water, straw, as well as storage and assembly, it is readily apparent that this constitutes a sale of services (a form of boarding) and cannot be considered the purchase of feed as a single supply of goods. ...

Bellomo testified, is not considered by the City to be work-related. Travel between another City site and Mr. ... In the normal course of events, her cost of travel between her residence and the administrative centre would be considered personal in nature. ... Respondent's counsel did not question this obvious fact. [18] There are at least two phrases in paragraph 8(1)(h.1) that need to be considered for purposes of these appeals. ...

There is no reason why any income earned by it should not be considered as prima facie income from a business so long as it is recognized that the presumption is a rebuttable one. ... “Principal purpose” is not a defined term in the Act for the purposes of paragraph 125(7)(e), but it is considered to be the main or chief objective for which the business is carried on. 13. The principal purpose of a corporation's business must be determined annually after all the facts relating to that business carried on by that corporation in that year have been considered and analyzed. ...

It is clear that the appellant, by virtue of the assessment under appeal, considered the amount, as the proceeds of a disposition, to be a capital receipt. ... Should the payment arising from the settlement, aside from the effect of subsection 14(1) on that determination, be considered in the hands of the respondent to be a receipt on account of capital or one on account of revenue? In all of the circumstances of this case its receipt should be considered, in my opinion, to have been on capital account. ...

Although the Belleville dwelling had been leased when they left for China, by the time of their return on March 2, 1998 the lease had expired and they moved in while the Appellant considered his options. ... Although they had considered selling the Belleville dwelling, the Appellant testified that poor market conditions convinced them it would be better to transfer the property to their son and daughter. ... These ties were largely economical but in part personal. [8]   [16]     These factors were considered in Johnson v. ...

  [50]     The above testimony, which is self-interested, does not ring true when considered in light of the evidence as a whole. ...   [59]     It remains to be considered whether the settlement agreement is invalid considering the evidence as a whole. ... The circumstances are far different from those considered in Farmer, the employee dismissal case referred to by counsel for the appellant ...

., a payment made after 1999 to the taxpayer from the trust that can reasonably be considered to have been made because of the taxpayer’s capital interest in the trust,   [15]          The respondent says that the appellants disposed of capital interests in a trust and, accordingly, had the obligation to send notices pursuant to subsection 116(3) ... Consequently, it is wrong to conclude that an estate is to be considered as a trust for all purposes of the Act ... Inland Revenue Commissioners, [1980] A.C. 1148 (H.L.), at 1195. [7] Obviously, there are certain legal constraints on the Minister in so doing; those constraints need not be addressed here. [8] Again, there are legal constraints on the Minister in applying subsection 220(3.1); they need not be considered here. ...

That determination will depend on the Appellant’s circumstances considered in light of the factors enumerated by the Federal Court of Appeal in The Queen v. ... For the reasons set out below, I am satisfied that when considered in light of the factors established in Vancouver Art Metal, the evidence of the Appellant’s overall conduct is consistent with his stated intention to acquire shares for resale at a quick profit. ...   [23]          Counsel for the Respondent further submitted that certain shares traded in 2004, the Dimethaid shares, ought not to be considered in determining whether the Appellant was in the business of trading. ...