Per
Curiam:—This
is
an
appeal
from
a
judgment
of
the
Trial
Division
dismissing
an
appeal
from
an
assessment
under
Part
I
of
the
Income
Tax
Act
for
the
taxation
year
1967
subject
to
a
reference
back
for
a
modification
in
favour
of
the
appellant.
Without
expressing
any
opinion
concerning
any
of
the
other
grounds
upon
which
the
learned
trial
judge
based
his
judgment,
we
agree
with
his
holding,
in
effect,
that
the
agreement
of
July
15,
1964
between
J
&
J
Hotels
Ltd
and
Vernon
Motors
Limited
(pursuant
to
which
the
disbursements
in
issue
were
made)
falls
within
the
scope
of
subsection
(1)
of
section
137
of
the
Income
Tax
Act;
and
we
are,
therefore,
of
opinion
that
the
appeal
should
be
dismissed
with
costs.
There
is
no
cross-appeal
and
we,
therefore,
express
no
opinion
concerning
the
correctness
of
that
part
of
the
judgment
appealed
from
that
directs
a
modification
in
the
assessment.
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