Consumers' Gas Co. v. MNR, 65 DTC 5138, [1965] CTC 225 (Ex Ct), briefly aff'd 67 DTC 5196 (SCC) -- summary under Paragraph 20(1)(e)

By services, 28 November, 2015

In connection with a rights offering the taxpayer, in addition to paying a commission to the underwriters in consideration for their services as dealers in securities, paid a fee for their services rendered in forming and managing a soliciting dealers group and in consideration for their agreement to maintain an orderly market, and paid a further fee which was alleged to be for the administrative and clerical services of the dealers in processing the rights tendered by shareholders, but which was described in the relevant agreement as a commission for each common share which a soliciting dealer procured. The taxpayer was unsuccessful in deducting any portion of the latter two fees under s. 11(1)(cb) of the pre-1972 Act because they constituted "commissions" (i.e., recompense to an agent calculated as a percentage of the amount of the transaction) which was paid on account of the security dealers' services as salesmen or dealers in securities.

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