A
J
Frost
(orally:
July
7,
1977):—I
shall
now
give
my
decision
in
Appeal
No
77-50
between
Larry
Grozelle,
appellant,
and
the
Minister
of
National
Revenue,
respondent.
This
is
an
appeal
with
respect
to
the
taxpayer’s
1975
taxation
year,
wherein
the
sum
of
$4,836,
received
by
the
taxpayer
from
Hartz
Standard
Limited,
was
included
in
computing
the
taxpayer’s
income
within
the
provisions
of
subsection
5(1)
of
the
Income
Tax
Act.
On
February
3,
1975
the
appellant
was
fired
peremptorily,
without
notice.
Having
regard
to
the
decision
in
Her
Majesty
the
Queen
v
Robert
B
Atkins,
[1976]
CTC
497;
76
DTC
6258,
the
moneys
paid
to
the
appellant
cannot
be
regarded
as
salary
or
wages,
and
must
be
considered
as
capital
in
nature.
For
these
reasons
the
appeal
is
allowed
and
the
matter
referred
back
to
the
respondent
for
reconsideration
and
reassessment
accordingly.
Appeal
allowed.
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