Brown v. The Queen, 2001 DTC 1094 (TCC), aff'd supra 2003 DTC 5298 (FCA) -- summary under Paragraph 96(2.2)(d)

By services, 28 November, 2015

The agreement for the purchase by a general partnership of software contained a representation by the vendor that in its capacity of distributor of the software it would achieve specified sales levels. As this representation was intended by the parties to constitute a warranty, it represented a benefit under s. 96(2.2)(d) and the taxpayer, who was a partner, was deemed to be a limited partner by s. 96(2.4).

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