Besse v. Minister of National Revenue, 99 DTC 5275, [1999] 3 CTC 52 (FCA) -- summary under Paragraph 20(1)(e)

By services, 28 November, 2015

In finding that the taxpayer and other investors who made an investment in a building were a syndicate for purposes of s. 20(1)(e), Rothstein J.A. referred, with approval to the following definition appearing in Romano v. MNR, 66 DTC 490, and 500 (T.R.B.):

"Any group of persons who have agreed to pool their resources of money or of specific assets for some common purpose."

He went on to find that various expenses including a commission, mortgage fees and a prospectus preparation fee qualified as expenses of the syndicate rather than the promoter because they became payable only if the closing occurred, i.e., if the syndicate was formed.

Topics and taglines
Words and phrases
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
336112
Extra import data
{
"field_legacy_header": "<strong><em><a name=\"BesseDTC5275\"></a>Besse v. The Queen</em></strong>, 99 DTC 5275, Docket:<a href=\"http://decisions.fca-caf.gc.ca/en/1999/a-183-95_11169/a-183-95.html\"> A-183-95</a> (FCA)",
"field_override_history": false,
"field_sid": "",
"field_topic_category": ""
}