Given that "the ordinary meaning of 'gain' for the purposes of Article XIII of the [Canada-U.S.] Convention is the gain which is subject to tax" (p. 5454) the proration of gain under paragraph 9 of Article XIII, was required to be calculated by reference to the period of time that the property in question (a cottage owned by the taxpayer and his previously-deceased wife since 1967) had been held subsequent to December 31, 1971 (the date on which the capital gains became subject to tax) rather than during the whole period of ownership.
Topics and taglines
Tagline
period before 1972 excluded
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
340576
Extra import data
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"field_legacy_header": "<strong><em>Attorney General of Canada v. Kubicek Estate</em></strong>, 97 DTC 5454, Docket: A-671-96 (FCA) <strong>[period before 1972 excluded]</strong>",
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"field_legacy_header": "<strong><em>Attorney General of Canada v. Kubicek Estate</em></strong>, 97 DTC 5454, Docket: A-671-96 (FCA) <strong>[period before 1972 excluded]</strong>",
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