Capital Asset Conversion Requires Proven Business Stock Treatment; Paper Consideration in Spousal Flat Transfers Does Not Create Taxable Business Inco...
Human-probability test defeats political donation deduction where banking records mask accommodation-entry fund layering and evidence shows non-genuin...
Commercial property status protects capital-gains exemption when residential-house ownership limits are tested, while agricultural-land character gove...
Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
Oppression in a quasi-partnership family company arises where a founder and substantial shareholder is excluded from management and profit-related benefits without due process or justification. Permitted competition under an exit settlement, absent misuse of company data or employee solicitation, did not justify exclusion. In the absence of proof that board-meeting notices or minutes were served, non-attendance did not establish vacation of the directorship. The oppression finding was therefore sustained. Although the articles contained pre-emptive transfer rights, an independently supervised Swiss Challenge process for either shareholder group to acquire the other's shares substantially met their purpose and was upheld as a fair, transparent remedy for irretrievable breakdown of trust.
Oppression in a quasi-partnership family company arises where a founder and substantial shareholder is excluded from management and profit-related benefits without due process or justification. Permitted competition under an exit settlement, absent misuse of company data or employee solicitation, did not justify exclusion. In the absence of proof that board-meeting notices or minutes were served, non-attendance did not establish vacation of the directorship. The oppression finding was therefore sustained. Although the articles contained pre-emptive transfer rights, an independently supervised Swiss Challenge process for either shareholder group to acquire the other's shares substantially met their purpose and was upheld as a fair, transparent remedy for irretrievable breakdown of trust.
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TaxTMI 
TaxTMI 
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