Hegel v. R., [1998] 3 CTC 396, 98 DTC 6418

Robertson J.A.:

The issue raised on this appeal is whether the proceeds from a sale of certain lands should be taxed on income or capital account. Judge Beaubier concluded that they were received on income account. In reaching that conclusion he made an adverse finding of credibility in the following terms: “The appellant is not a credible witness.” In our view, there is no basis, either in fact or law, for disturbing the judgment below. Certainly, it has not been demonstrated that Judge Beaubier committed any “palpable or overriding error”. The appeal must be dismissed with costs.

Appeal dismissed.