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Decision summary

Craven v. White, [1988] BTC 268 (HL) -- summary under Subsection 248(10)

Craven v. White, [1988] BTC 268 (HL)-- summary under Subsection 248(10) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(10) a series if no real likelihood that the successive transactions will not occur Lord Jauncey stated: "If it were appropriate to prepare a formula defining 'composite transaction' in the light of the passages in the speeches in Ramsay, Burmah and Dawson to which I have referred I should be tempted to suggest the following: 'A step in a linear transaction which has no business purpose apart from the avoidance or deferment of tax liability will be treated as forming part of a pre-ordained series of transactions or of a composite transaction if it was taken at a time when negotiations or arrangements for the carrying through as a continuous process of a subsequent transaction which actually takes place had reached a stage when there was no real likelihood that such subsequent transaction would not take place and if thereafter such negotiations or arrangements were carried through to completion without genuine interruption.'" Words and Phrases series of transactions ...
Decision summary

Craven v. White, [1988] BTC 268 (HL) -- summary under Tax Avoidance

Craven v. White, [1988] BTC 268 (HL)-- summary under Tax Avoidance Summary Under Tax Topics- General Concepts- Tax Avoidance Lord Oliver stated: "As the law currently stands, the essentials emerging from Furniss v. ...
Commentary

132.11(8)

., under Craven v. White) of what would otherwise constitute a series of transactions (namely, a pre-ordained succession of transactions) is expanded by s. 248(10) to include “any related transactions or events completed in contemplation of the series.” ... In addition, it may be unclear that s. 248(10), which applies only to related "transactions or events" (see Ho), has the effect of assimilating the making of a mere designation (i.e., a statement in a return) to a common law series as described in Craven v. ...
TCC (summary)

2437299 Ontario Inc. v. The King, 2023 TCC 165 -- summary under Substantial Renovation

One property, the “Craven Road” property, was a basic bungalow with an unfinished basement. ... In determining whether there was substantial renovation of the Craven Road property and of the second property (the “Fourth Street” property) both parties accepted the use of the second of the three methods referred to in GST/HST Technical Information Bulletin B-092 for measuring whether a renovation had been “substantial” (with 90% appearing in B-092 as the minimum percentage for a property to be considered as having been “substantially renovated”). ...
Decision summary

The Trustees of the Morrison 2002 Maintenance Trust & Ors v Revenue and Customs, [2019] EWCA Civ 93 -- summary under Subsection 248(10)

In finding that there was a single composite transaction, so that the transaction was to be treated as if the Scottish Trusts had disposed of their AWG shares for £14.3M, Newy LJ stated (paras. 51-52, 56-57): If, as was the case in Craven v. ...
Dawson, Craven v. White) has not gained any traction in Canada.  This may be because vacuous transactions of this type should be a quick meal under the general anti-avoidance rule (see Mathew, para. 62; Collins & Aikman (TCC) at para. 109 ("none of these [transactions] involved the degree of artificiality, boldness, vacuity or audacity to rise to the level of being... abusive tax avoidance using the language of...the GAAR").  ...
Article Summary

Justice Marshall Rothstein, "An Overview of the Supreme Court of Canada", Bulletin for International Taxation (IBFD), January/February 2016, p. 20. -- summary under Subsection 248(10)

Dawson and Craven v. White.... Another example is Canada's approach to defining residency of a corporation and a trust, which is informed by British jursiprudence.... ...
Article Summary

Justice Marshall Rothstein, "An Overview of the Supreme Court of Canada", Bulletin for International Taxation (IBFD), January/February 2016, p. 20. -- summary under Stare Decisis

Dawson and Craven v. White.... Another example is Canada's approach to defining residency of a corporation and a trust, which is informed by British jursiprudence.... ...
TCC

CanUtilities Holdings Ltd v. The Queen, 2003 TCC 193

Dawson, [1984] A.C. 474 (H.L.) as narrowed by the House of Lords in Craven v. ... It is clear that in resolving this question, the majority in Craven v. ... That specific question was not raised in the Craven v. White cases. That is, there was no question in the Craven v. ...
FCA

Canada v. Canadian Utilities Ltd., 2004 DTC 6475, 2004 FCA 234

.), as adopted in Craven v. White, [1989] 1 A.C. 398 (H.L.); 2.         ... " This was a reference to a statement by Lord Oliver of Aylmerton in Craven v. ... This is the context in which the second and third parts of the Craven v. ...

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