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

By services, 28 November, 2015

The taxpayers donated paintings to a museum. In upholding the Minister's valuation (less than 10% of the taxpayers') and rejecting a submission that the museum represents a "special purchaser" (a buyer willing to pay more than others because of a special need or interest), Bédard J. noted that a special purchase can raise the fair market value of property, but the existence of such a buyer must be well supported in evidence.

Bédard J. also noted that, in a very small market, the hypothetical sale of the property in question might itself amount to a substantial increase in supply, which would reduce the property's marginal fair market value accordingly.

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