Roland
St-Onge
(orally:
December
6,
1977):—The
appeal
of
Roberto
Ceglia
came
before
me
on
December
6,
1977
at
the
City
of
Ottawa,
Ontario
and
it
concerns
his
1973
taxation
year.
It
is
one
of
those
numerous
real
estate
cases
that
the
Board
is
called
to
hear
so
often.
In
1971
the
appellant
started
as
a
real
estate
salesman.
In
September
1972
he
acquired,
with
his
wife
as
a
joint
tenant,
a
duplex
on
Walkley
Road
for
the
sum
of
$35,000
and
some
five
to
six
months
later,
he
sold
it
for
$43,000
at
a
substantial
gain
of
$8,000.
In
July
1973
again
he
acquired,
with
his
wife
as
joint
tenant,
a
duplex
for
the
sum
of
$46,000
and
a
month
later
he
sold
it
for
$54,500,
realizing
a
gain
of
$8,500.
Then,
in
1974,
again
with
his
wife
as
joint
tenant,
the
appellant
bought
another
duplex
for
the
sum
of
$48,000
and
six
months
later
sold
it
for
$57,000,
realizing
a
gain
of
$9,000.
The
alleged
reason
for
buying
each
of
those
duplexes
was
to
live
in
one
apartment
and
rent
the
other.
In
the
past,
many
taxpayers
were
under
the
impression
that
as
long
as
they
occupied
a
house
as
a
residence,
the
sale
thereof
would
be
considered
as
a
Capital
gain,
but
in
those
cases,
the
taxpayer
was
able
to
occupy
the
house,
whereas
the
case
at
bar
the
appellant
never
did.
The
facts
speak
for
themselves
and
they
speak
very
strongly
against
the
appellant.
In
the
present
appeal,
all
the
badges
of
trade
are
present;
the
number
of
transactions,
the
short
period
of
holding,
the
substantial
profit
in
each
case
and
the
fact
that
the
appellant
was
a
real
estate
salesman
and
that
the
houses
were
acquired
with
borrowed
money.
His
stated
intention
was
contradicted
by
his
own
course
of
conduct.
The
appellant’s
evidence
is
not
convincing
enough
to
permit
the
Board
to
allow
this
appeal.
Consequently,
the
appeal
is
dismissed.
Appeal
dismissed.
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