Cases
Panda Realty Ltd. v. MNR, 86 DTC 1266 (TCC)
Newmont Canada Corporation v. Canada, 2012 DTC 5138 [at 7292], 2012 FCA 214
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| Tax Topics - General Concepts - Onus | testimony sufficient to "demolish" assumptions | 149 |
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(c) | 99 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(i) | interest was bad as settlement proceeds not allocated to it | 212 |
Magicuts Inc. v. Canada, 2001 DTC 5665, 2001 FCA 332
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2) | 52 |
Easton v. The Queen, 97 DTC 5464 (FCA)
R. v. Mara Properties Ltd., 96 DTC 6309, [1996] 2 S.C.R. 161
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| Tax Topics - Income Tax Act - Section 88 - Subsection 88(1) | inventory character flowed through to parent on wind-up | 107 |
United News (Wholesalers) Ltd. v. The Queen, 94 DTC 6508 (FCA)
Millford Development Ltd. v. The Queen, 93 DTC 5052 (FCTD)
The Queen v. Mandryk, 92 DTC 6329 (FCA)
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 70 |
Easton v. The Queen, 92 DTC 6218 (FCTD), aff'd 97 DTC 5464 (FCA)
Flexi-Coil Ltd. v. The Queen, 92 DTC 6047 (FCTD)
Vine Estate v. The Queen, 89 DTC 5528 (FCTD)
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | shareholder benefit where benefit on sister corp | 185 |
| Tax Topics - Income Tax Act - Section 80.4 - Subsection 80.4(2) | 31 |
Morflot Freightliners Ltd. v. The Queen, 89 DTC 5182 (FCTD)
Le Bel v. The Queen, 87 DTC 5154, [1987] 1 CTC 259 (FCTD)
H.Y. Louie Co. Ltd. v. The Queen, 86 DTC 6228, [1986] 1 CTC 499 (FCTD)
Isaac Meisels Investments Ltd. v. The Queen, 85 DTC 5029, [1985] CTC 7 (FCTD)
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Loans and Financing Charges | 18 |
Factory Carpet Ltd. v. The Queen, 85 DTC 5464, [1985] 2 CTC 267 (FCTD)
Saskatchewan Co-Operative Credit Society Ltd. v. The Queen, 84 DTC 6225, [1984] CTC 628 (FCTD), aff'd 85 DTC 5599 [1986] 1 CTC 53 (FCA)
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| Tax Topics - Income Tax Act - Section 10 - Subsection 10(1) | 62 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(i) | potential to deduct on general principles | 53 |
The Queen v. Lalonde, 84 DTC 6159 (FCTD), aff'd 89 DTC 5286 (FCA)
The Queen v. Malone, 82 DTC 6130, [1982] CTC 145 (FCTD)
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| Tax Topics - General Concepts - Tax Avoidance | 39 |
Tamas v. The Queen, 81 DTC 5150, [1981] CTC 220 (FCTD)
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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Futures/Forwards/Hedges | individual's losses on silver futures trading on income account | 75 |
Paco Corp. v. The Queen, 80 DTC 6328, [1980] CTC 409 (FCTD)
Sher v. The Queen, 80 DTC 6095, [1980] CTC 168 (FCTD)
Chaffey v. MNR, 78 DTC 6167, [1978] CTC 293 (FCA)
Frappier v. The Queen, 76 DTC 6066 (FCTD)
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 61 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Timing | advances against future losses | 48 |
| Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) | 77 |
The Queen v. Pollock Sokoloff Holdings Corp., 76 DTC 6181, [1976] CTC 349 (FCA)
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(ii) | loan must be made by taxpayer | 122 |
MNR v. Kelvingrove Investments Ltd., 74 DTC 6357, [1974] CTC 450 (FCTD)
The Queen v. Lavigueur, 73 DTC 5538, [1973] CTC 773 (FCTD)
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| Tax Topics - Income Tax Act - Section 178 - Subsection 178(2) | 26 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(ii) | low or no-interest loans | 51 |
The Queen v. F.H. Jones Tobacco Sales Co. Ltd., 73 DTC 5577, [1973] CTC 784 (FCTD)
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| Tax Topics - General Concepts - Substance | 60 |
McLaws v. Minister of National Revenue, 72 DTC 6149, [1972] CTC 165, [1974] S.C.R. 887
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | guarantee obligation not borrowed money | 117 |
Stewart & Morrison Ltd. v. Minister of National Revenue, 72 DTC 6049, [1972] CTC 73, [1974] S.C.R. 477
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Minister of National Revenue v. Freud, 68 DTC 5279, [1968] CTC 438, [1969] S.C.R. 75
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Inventory | 124 |
Terminal Dock and Warehouse Co. Ltd. v. MNR, 68 DTC 5060 (Ex Ct), aff'd 68 DTC 5316 (SCC)
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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Account Receivable | 116 |
Minister of National Revenue v. Steer, 66 DTC 5481, [1966] CTC 731, [1967] S.C.R. 34
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Frontenac Shoe Ltée v. MNR, 63 DTC 1129 (Ex Ct)
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See Also
MacDonald v. The Queen, 2017 TCC 157, rev'd 2018 FCA 128
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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Futures/Forwards/Hedges | “the law still requires a close linkage between the purported hedging instrument and the underlying asset” | 479 |
Turner v. The Queen, 2016 TCC 77 (Informal Procedure)
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| Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base | interest added to ACB | 144 |
SRI Homes Inc. v. The Queen, 2014 DTC 1185 [at 3693], 2014 TCC 180
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| Tax Topics - General Concepts - Fair Market Value - Other | full repayment of shareholder loan, subsequent to its sale for less than book value, was not anticipated | 123 |
Prochuk v. The Queen, 2014 DTC 1050 [at 2917], 2014 TCC 17
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | trading RRSP funds does not make the annuitant a trader | 114 |
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares | trading RRSP funds does not make the annuitant a trader | 114 |
Mittal v. The Queen, 2013 DTC 1020 [at 106], 2012 TCC 417
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Zsebok v. The Queen, 2012 DTC 1127 [at 3145], 2012 TCC 99
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| Tax Topics - Income Tax Act - Section 39 - Subsection 39(5) - Paragraph 39(5)(a) | 124 |
Swain v. The Queen, 2012 DTC 1086 [at 2921], 2012 TCC 46
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Chronis v. The Queen, 2010 DTC 1188 [at 3441], 2010 TCC 218
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| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | 48 |
Hayter v. The Queen, 2010 DTC 1176 [at 3395], 2010 TCC 255
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Start-Up and Liquidation Costs | 107 |
Krauss v. The Queen, 2009 DTC 1394 [at 2155], 2009 TCC 597
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| Tax Topics - Income Tax Act - 101-110 - Section 103 - Subsection 103(1.1) | family trust allocated unreasonable return on its nominal-cost units | 200 |
| Tax Topics - Income Tax Act - Section 74.1 - Subsection 74.1(2) | 100 | |
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Real Estate | 47 |
Shaw-Almex Industries Limited v. The Queen, 2009 DTC 1377 [at 2080], 2009 TCC 538
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(b) - Subparagraph 152(4)(b)(iii) | 134 |
Valiant Cleaning Technology Inc. v. The Queen, 2008 DTC 5112, 2008 TCC 637
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Saskatchewan Wheat Pool v. The Queen, 2008 DTC 2520, 2008 TCC 8
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Howard v. The Queen, 2008 DTC 2788, 2008 TCC 51
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Laramee v. The Queen, 2007 DTC 1723, 2007 TCC 635
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Greenberg v. The Queen, 2007 DTC 124, 2006 TCC 608
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Hawa v. The Queen, 2007 DTC 28, 2006 TCC 612 (Informal Procedure)
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| Tax Topics - General Concepts - Onus | 101 |
Corvalan v. The Queen, 2006 DTC 2907, 2006 TCC 200
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Excell Duct Cleaning Inc. v. The Queen, 2006 DTC 2040, 2005 TCC 776
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Cathelle Inc. v. The Queen, 2005 DTC 858, 2005 TCC 360
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Rajchgot v. The Queen, 2004 DTC 3090, 2004 TCC 548, aff'd 2005 DTC 5607, 2005 FCA 289
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Walchuk v. The Queen, 2003 DTC 2184, 2004 TCC 42
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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Partnership Interests | 111 |
Smith v. The Queen, 2003 DTC 215 (TCC)
Grant v. The Queen, 2000 DTC 1985 (TCC) (Informal Procedure)
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| Tax Topics - Income Tax Act - Section 10 - Subsection 10(1) | 50 |
Williams Gold Refining Co. of Canada v. The Queen, 2000 DTC 1829 (TCC)
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(i) | debiting receivable to expense did not preclude write-off | 41 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Gross Revenue | 41 |
Magicuts Inc. v. The Queen, 98 DTC 2085 (TCC)
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.6) | 51 |
Hamilton v. The Queen, 97 DTC 787 (TCC)
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(m) | 86 | |
| Tax Topics - Income Tax Act - Section 66 - Subsection 66(12.6) | 51 |
Robertson v. The Queen, 97 DTC 449 (TCC)
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| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | 68 | |
| Tax Topics - Income Tax Act - Section 39 - Subsection 39(4) | 34 | |
| Tax Topics - Statutory Interpretation - Interpretation Act - Section 32 | s. 32 deals with departures from form rather than content | 41 |
Campbell v. The Queen, 96 DTC 1221 (TCC)
Fickes v. The Queen, 94 DTC 1969 (TCC)
Faucher v. The Queen, 94 DTC 1581 (TCC)
E.C.E. Group Ltd. v. MNR, 92 DTC 2019 (TCC)
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(i) | disposition before year end | 110 |
Lawson v. Johnson Matthey plc, [1992] BTC 324 (HL)
Hill v. MNR, 91 DTC 1094 (TCC)
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| Tax Topics - Income Tax Act - Section 169 | 99 |
K.J. Beamish Construction Co. Ltd. v. MNR, 90 DTC 1584 (TCC)
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| Tax Topics - General Concepts - Corporate/Separate Personality | shareholder has no interest in corporation's assets | 162 |
| Tax Topics - General Concepts - Personality | 115 |
Anglemont Estates Ltd. v. MNR, 88 DTC 1770 (TCC)
Gestion Louis Riel Inc. v. MNR, 85 DTC 550 (TCC)
Guinea Airways Ltd. v. Federal Commissioner of Taxation (1949), 83 C.L.R. 584 (HC of A.)
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | 123 |
Administrative Policy
25 September 2012 Internal T.I. 2011-0409281I7 F - Papier commercial - Obligations XXXXXXXXXX
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| Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base | acquiring client securities at the clients' cost rather than their lower FMV was reflected in portfolio manager's cost | 156 |
29 July 2004 Internal T.I. 2003-002376
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 63 | |
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(i) | swap termination payment | 74 |
18 June 1993 T.I. (Tax Window, No. 32, p. 3, ¶2593)
31 July 1992 External T.I. 5-911918 -
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| Tax Topics - Income Tax Act - Section 9 - Exempt Receipts/Business | 11 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 11 |
Articles
Dunbar, "Sale of Stock Plan Shares May Produce Fully-Deductible Loss", Taxation of Executive Compensation and Retirement, October 1991, p. 499.
Damages
Cases
McNeill v. The Queen, 2000 DTC 6211 (FCA)
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | damages from contractual breach were deductible | 144 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Timing | 98 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Damages | deductible damages for breach of non-compete | 102 |
Hedges
Cases
The Queen v. Macdonald, 2018 FCA 128, leave granted 21 March 2019
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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Futures/Forwards/Hedges | cash-settled forward hedged bloc of shares irrespective of speculative intention | 539 |