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Table of Contents

Cases

Resource Capital Fund IV LP v Commissioner of Taxation, [2018] FCA 41 (Federal Court of Australia), rev'd on various grounds [2019] FCAFC 51

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares private equity fund LP with 5-year holding objective realized share gain on income account 167
Tax Topics - Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(ii) gains of a NR PE fund from disposals of Australian share investments that were managed in part in Australia were derived from Australia 411
Tax Topics - Treaties - Income Tax Conventions - Article 3 each U.S.-resident partner of a Caymans PE LP carried on a U.S. “enterprise” 222
Tax Topics 386
Tax Topics - Treaties - Income Tax Conventions - Article 13 exclusion in Art. 13 of Aust.-U.S. Treaty for real property dispositions extended to shares of Australian holding company holding mining leases through grandchild
Tax Topics - General Concepts - Stare Decisis lower court not bound by a point of law that was assumed rather than examined by a higher court 272
Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) assessment of partnership was assessment of partners 83
Tax Topics - Treaties - Income Tax Conventions - Article 6 Art. 6 extends common law meaning of real property 180
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Taxable Canadian Property - Paragraph (d) shares of lithium mining and processing company were derived principally from the processing rather than mining operation and, thus, were not taxable Australian real property 500
Tax Topics - Income Tax Act - Section 218.3 - Subsection 218.3(1) - Canadian Property Mutual Fund Investment shares of Australian mining company were primarily attributable to the processing rather than mining operations 140

Maréchal v. Canada, 2006 DTC 6524, 2005 FCA 124

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Canada (Attorney General) v. Nash, 2005 DTC 5696, 2005 FCA 386

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CIT Financial Ltd. v. Canada, 2004 DTC 6573, 2004 FCA 201

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Canada v. Malette, 2004 DTC 6415, 2004 FCA 187

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Petro-Canada v. The Queen, 2003 DTC 94 (TCC), aff'd supra.

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Semet-Solvay Co. Deputy v. MNR (1958), 20 DLR (2d) 663 (Ex Ct)

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Sweeney v. The Queen, 90 DTC 6507 (FCTD)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 246 - Subsection 246(1) 124

Friedberg v. The Queen, 89 DTC 5115 (FCTD)

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The Queen v. Demco Management Ltd., 84 DTC 6065, [1983] CTC 419 (FCTD), aff'd 85 D.T.C 5603, [1986] 1 CTC 92 (FCA)

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Goodwin Johnson (1960) Ltd. v. The Queen, 83 DTC 5417, [1983] CTC 389 (FCTD), aff'd 86 DTC 6185, [1986] CTC 448 (FCA)

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The Queen v. Schubert, 80 DTC 6366, [1980] CTC 497 (FCTD)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) 81

Lipper v. The Queen, 79 DTC 5246, [1979] CTC 316 (FCTD)

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Kennedy v. MNR, 73 DTC 5359, [1973] CTC 437 (FCA)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) benefit in year of note issuance/tenant improvement benefit based on PV of reversion boost 305
Tax Topics - Income Tax Act - Section 9 - Timing 64

See Also

Kaul v. The Queen, 2019 TCC 17

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts donated art work had FMV equal to its cost 164

Stewart v. The Queen, 2019 TCC 22

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 4900 - Subsection 4900(1) - Paragraph 4900(1)(j) mortgage secured by largely worthless land was a mortgage 237
Tax Topics - Income Tax Act - Section 146 - Subsection 146(9) - Paragraph 146(9)(b) mortgage issued in scam had full FMV until the funds were stolen 395

Commissioner of State Revenue v Placer Dome Inc., [2018] HCA 59

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 14.1 - Paragraph (a) goodwill must have a connection to attracting custom 453
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property protean nature of property concept 445

Morrison v. The Queen, 2018 TCC 220

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Onus taxpayers had the burden of disproving the Minister’s assumptions about their gift tax shelter about which they knew virtually nothing 400
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts gift was not vitiated by benefits 518

SRI Homes Inc. v. The Queen, 2014 DTC 1185 [at 3693], 2014 TCC 180

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Loss v. Loss shareholder loans to trailer park companies were made to earn income in taxpayer's own manufactured home business 223

Lupien v. The Queen, 2016 CCI 2

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Words and Phrases
goodwill
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) double application of s. 160 re asset sale for excess consideration 90

Mariano v. The Queen, 2015 DTC 1209 [at 1331], 2015 TCC 244

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Ownership no acquisition of unascertained property 66
Tax Topics - General Concepts - Sham taxpayer involvement in deceit unnecessary 357
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) void for lack of certainty of objects 208
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) delegation of power of appointment to promoter not authorized 222
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts no gift where no intent for impoverishment and where gifted property not yet identified 526
Tax Topics - Income Tax Act - Section 248 - Subsection 248(35) attempted use of initial gift to step-up ACB under s. 69(1)(c) 238

Commissioner of Taxation v. Resource Capital Fund III LP, [2014] FCAFC 37 (Fed. Ct. of Austr.)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Taxable Canadian Property mining information not to be valued separately at reproduction cost 286
Tax Topics - Treaties - Income Tax Conventions - Article 13 mining information not to be valued separately at reproduction cost 286
Tax Topics - Treaties - Income Tax Conventions - Article 4 reverse hybrid partnership 415

Resource Capital Fund III LP v. Commissioner of Taxation, [2013] FCA 363 (Fed. Ct. of Austr.), rev'd supra.

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Locations of other summaries Wordcount
Tax Topics - Treaties - Income Tax Conventions - Article 13 mine deriving value from information 392
Tax Topics - Treaties - Income Tax Conventions - Article 4 310

Canadian Winesecrets Inc. v. The Queen, 2011 DTC 1310 [at 1742], 2011 TCC 390 (Informal Procedure)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) mere personal goodwill 160

Anthony v. The Queen, 2010 DTC 1356 [at 4392], 2010 TCC 533 (Informal Procedure), aff'd 2012 DTC 5019 [at 6633], 2011 FCA 336

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Nantel v. The Queen, 2010 DTC 1264 [at 3836], 2009 TCC 599

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Russell v. The Queen, 2009 TCC 548, 2009 DTC 1371 (Informal Procedure)

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Nguyen v. The Queen, 2008 DTC 4390, 2008 TCC 401 (Informal Procedure)

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Baxter v. The Queen, 2006 DTC 2642, 2006 TCC 230

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Westward Explorations Ltd. v. The Queen, 2006 DTC 2443, 2006 TCC 105

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Quinn v. The Queen, 2004 DTC 3328, 2004 TCC 649

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Maréchal c. La Reine, 2004 DTC 3227, 2004 TCC 464

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Morley v. The Queen, 2004 DTC 2604, 2004 TCC 280, briefly aff'd 2006 DTC 6351, 2006 FCA 171

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CIT Financial Ltd. v. The Queen, 2003 DTC 1138, 2003 TCC 544

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Malette v. The Queen, 2003 DTC 1078, 2003 TCC 542

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World Corp. v. The Queen, 2003 DTC 951, 2003 TCC 494

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Brown v. The Queen, 2001 DTC 1094 (TCC), aff'd supra 2003 DTC 5298 (FCA)

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Hallatt v. The Queen, 2001 DTC 128 (TCC)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Onus 77

Teleglobe Canada Inc. v. The Queen, 2000 DTC 2493 (TCC), aff'd 2002 DTC 7517, 2002 FCA 408

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Aikman v. The Queen, 2000 DTC 1874 (TCC)

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Pustina v. The Queen, 96 DTC 1594 (TCC)

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Gilvesy v. The Queen, 96 DTC 1417 (TCC)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) 131

Les Placements A & N Robitaille Inc. v. MNR, 96 DTC 1062 (TCC)

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R. v. A.G., Ex parte Imperial Chemical Industries PLC, [1985] BTC 8003 (HC), rev'd [1986] BTC 8015 (C.A.)

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Administrative Policy

P113 – "Gifts and Income Tax" 2013

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13 August 2013 External T.I. 2012-0471401E5 F - FMV - partnership interest

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) - Paragraph 85(1)(c) FMV of professional partnership interest would normally discount the value of s. 34-elected WIP for income taxes 126
Tax Topics - Income Tax Act - Section 34 FMV of partnership interest reduced re deferred income taxes on WIP subject to s. 34 election 39

7 November 2012 External T.I. 2012-0466681E5 F - Frais de gestion environnementale

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) ecocharges payable on any purchase of electronic goods included in benefit from their gift 169

15 June 2012 External T.I. 2012-0434761E5 F - Dons liés à une police d'assurance-vie

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts gift if pay policy premiums following assignment of policy to charity, but not by virtue of designating charity as policy beneficiary 250
Tax Topics - Income Tax Act - Section 248 - Subsection 248(31) donated life insurance policy to be valued on ordinary principles 126

4 October 2002 External T.I. 2002-0154725 - LIFE INTEREST-REMAINDER INTEREST

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2000 Ruling 1999-001072 -

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5 October 1994 External T.I. 5-942164 -

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3 December 1993 T.I. 920099 (C.T.O. "Transfer of Farm Inventory to a Corporation")

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 56 - Subsection 56(4) 57

September 1992 B.C. Revenue Canada Round Table, Q. 31 (May 1993 Access Letter, p. 228)

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Tax Professionals Mini Round Table - Vancouver - Q. 31 (March 1993 Access Letter, p. 110)

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4 February 1992 Memorandum (Tax Window, No. 16, p. 21, ¶1730)

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20 September 1991 T.I. 911923 [FMV excludes GST]

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26 November 1990 T.I. (Tax Window, Prelim. No. 2, p. 23, ¶1070)

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89 C.R. - Q.32

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81 C.R. - Q.49

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) 39

Articles

Peter Neelands, Suzy Lendvay, "Valuation of IP based on a royalty stream", The Lawyer's Daily (LexisNexis Canada), January 24, 2018

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Wolfe D. Goodman, "Valuation of an Interest in a Discretionary Trust Under the Family Law Act", Goodman on Estate Planning, Vol. IV, No. 4, 1998, p. 464.

Wolfe D. Goodman, "American Family Limited Partnerships as an Estate Planning Tool?", Goodman on Estate Planning, Vol. VI, No. 3, 1997, p. 447

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Hayhurst, "Transactions in Income and Capital Interests in Trusts", 1988 Conference Report, c. 38

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