Donative Intent

"The Tax Court found that neither Mr. Walby nor Mr. De Las Alas had any donative intent with respect to the cash they paid. The cash was paid as part of the series of transactions in which they participated to make a profit. As a result, the cash they paid did not qualify as a gift to a charity for the purposes of section 118.1 of the Act. The Tax Court Judge also found that the provisions of subsections 248(30) to (32) of the Act would only be applicable if there was a donative intent. Since Mr. Walby and Mr. De Las Alas did not have any donative intent, these provisions did not apply. Despite having found that subsections 248(30) to (32) did not apply, the Tax Court Judge nonetheless commented on the meaning of the word “value” in subsection 248(30) of the Act and found that “[t]he amount of the advantage of the courseware is the value that the Appellants expected the courseware to have (and not the fair market value it actually had)” (paragraph 74)."