Strayer J.A.:
We are all satisfied that the learned Tax Court Judge had regard to the three essential criteria in determining whether the appellant’s farming represented a chief source of income in the years in question. He found the time devoted by the appellant to his farm to be substantial, although the appellant’s employment and other income earning activities also involved substantial time. He recognized that the appellant had invested more capital in his farm than in his other activities but correctly, in our view, gave less relative weight to this factor because by its nature his employment required no investment from him. Finally, he considered the potential profitability of the farm and found that there was “no realistic expectation of a substantial profit”.
Thus the learned trial judge considered all factors, and after weighing them together was entitled to reach the conclusion which he did.
The appeal will therefore be dismissed with costs.
Appeal dismissed.
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