Baker v. Canada, 2005 DTC 5266, 2005 FCA 185 -- summary under Equal Treatment

By services, 8 October, 2021

In finding that the meaning of "full-time" employment should have a consistent application, Noël, J.A. stated (at para. 13):

Defining "full-time employment" to be equivalent to the standard number of hours worked in an industry and area where the activities take place ... is inconsistent with the scheme which is to ensure that a certain minimum level of activity exists in a corporation prior to allowing it the small business deduction. Such a test would lead to differing criteria for "full-time employment" between industries and regions. Section 125 would thus be applied in an inconsistent and subjective manner, violating the principle that similarly situated taxpayers should be taxed equally.

Topics and taglines
Tagline
interpretive standard should not be subjective and variable
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
624465
Extra import data
{
"field_legacy_header": "",
"field_override_history": false,
"field_sid": "",
"field_topic_category": ""
}
Workflow properties
Workflow state