Words and Phrases - "commercially saleable"
Brown v. The Queen, 2001 DTC 1094 (TCC), aff'd supra 2003 DTC 5298 (FCA)
A partnership acquired game "engines" (i.e., programs that would become functional games when graphic "shells" were added) at the end of 1993. The taxpayer successfully submitted that developers of the games constituted the "other persons" referred to in s. 13(27)(d)(ii), with the result that it was not relevant that the engines were not delivered to the vendor of the software or the partnership at the end of 1993. In addition, the developers, as the "other persons", used the engines to create game shells so that games could then be sold commercially. Rip T.C.J. stated:
"I do not believe that it is necessary, nor desirable, to import a reasonable expectation of profit test into the available for use rules. The words commercially 'saleable' should be given their ordinary meaning of being capable of being sold commercially."
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Other | 209 | |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | 71 | |
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | partnership purchase was NAL given that GP's shareholder acted in concert with vendor | 145 |
| Tax Topics - Income Tax Act - Section 96 - Subsection 96(2.2) - Paragraph 96(2.2)(d) | 69 | |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) | 56 |