Goodwill, Trademarks and Customer Lists

Cases

Gifford v. Canada, 2004 DTC 6120, 2004 SCC 15, [2004] 1 S.C.R. 411

The acquisition by the taxpayer, who was employed as a broker by an investment dealer, of the customer lists of a departing employee of the same...

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Tomenson Inc. v. The Queen, 86 DTC 6267, [1986] 1 CTC 525 (FCTD), aff'd 88 DTC 6095, [1988] 1 CTC (FCA)

The taxpayer acquired a capital asset when it purchased the customer lists of an insolvent insurance agencies practice and obtained the right to...

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The Queen v. Sunstrum, 78 DTC 6300, [1978] CTC 421 (FCTD)

The purchase of the client lists of an insurance and tax consulting business for a price based on a multiple of estimated commission earnings was...

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The Queen v. Baine, Johnstone & Co. Ltd., 77 DTC 5394, [1977] CTC 556 (FCTD)

The purchase by an insurance company of customer lists was held to entail the purchase of business goodwill, and therefore was a capital...

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Cumberland Investments Ltd. v. The Queen, 75 DTC 5309, [1975] CTC 439 (FCA)

The taxpayer, which carried on the business of supervising general insurance agents, agreed to pay $150,000, payable over six years, for the...

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Canada Starch Co. Ltd. v. MNR, 68 DTC 5320, [1968] CTC 467 (Ex Ct)

Expenditures incurred by the taxpayer in developing a trademark, including costs of market research and a lump sum of $15,000 paid to another...

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Butler v. MNR, 67 DTC 5019, [1967] CTC 7 (Ex Ct)

On the purchase by an accounting firm of an accounting and bookkeeping practice, $8,001 was allocated to goodwill and $16,600 was allocated to...

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Dominion Dairies Ltd. v. MNR, 66 DTC 5028, [1966] CTC 1 (Ex Ct)

The taxpayer purchased the assets of a small dairy for a purchase price of which $344,000 was allocated to customer lists and goodwill. The...

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Southam Business Publications Ltd. v. MNR, 66 DTC 5215, [1966] CTC 265 (Ex. Ct.), briefly aff'd 67 DTC 5150 (SCC)

The taxpayer purchased the Financial Times as a going concern for $75,000, of which $50,000 was allocated in the agreement of purchase and sale to...

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Seaboard Advertising Co. Ltd. v. MNR, 65 DTC 5188, [1965] CTC 310 (Ex. Ct.)

Of the $230,000 which the taxpayer paid for the acquisition of substantially all the outdoor advertising display business of its principal...

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See Also

Les Gestions Pierre St-Cyr inc. v. The Queen, 2010 DTC 1196 [at 3490], 2010 TCC 146

The taxpayer supplied remote monitoring services directly to its own customers and also to customers of third parties (installers) who had...

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Farm Business Consultants Inc. v. The Queen, 95 DTC 200, [1994] 2 CTC 2450 (TCC), briefly aff'd 96 DTC 6085 (FCA)

Weekly payments which the taxpayer made for a period of five years to the vendors of a business it had purchased whose aggregate amount was equal...

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Miramar Shoe Imports Limited v. Minister of National Revenue, 91 DTC 317, [1991] 1 CTC 2124 (TCC)

The taxpayer, which like other shoe importers was prohibited from purchasing shoe import quotas, accomplished effectively the same thing by buying...

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Today’s Business Products Limited v. Minister of National Revenue, 91 DTC 148, [1991] 1 CTC 2142 (TCC)

On the purchase of the business of the competitor, the taxpayer agreed to pay to the vendors a percentage of all sales to previous customers of...

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Commissioner of Taxes v. Nchanga Consolidated Copper Mines Ltd., [1964] A.C. 948 (PC)

The sum of £1,384,569 paid by the taxpayer to another copper mining company in order to compensate the other company for its agreement to abandon...

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John Smith and Son v. Moore (1921), 12 TC 266 (HL)

The taxpayer acquired a business of purchasing and selling coal from his father's estate for a purchase price that included a sum of £30,000...

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City of London Contract Corp., Ltd. v. Styles (1887), 2 TC 239 (C.A.)

The taxpayer was incorporated to purchase as a going concern a business of contracting for public works. The purchased business consisted entirely...

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Administrative Policy

28 September 2010 External T.I. 2010-0372461E5 F - Exploitation d'une entreprise à perte

An individual, a pharmacist, operates a pharmacy at a profit but also, as part of the same business, has a commercial department which sells other...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit reasonable expectation of profit test not applied where no personal element 158

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