Hugessen
J.A.
(DéCary
J.A.,
Chevalier
D.J.
concurring)—
We
are
all
of
the
view
that
the
learned
Tax
Court
Judge
asked
himself
the
right
question
when
he
said
the
real
question
in
the
present
case
is
whether
there
was
at
the
outset
a
valid
or
effective
transfer”.
He
replied
by
finding
that
the
“intention
to
transfer
more
shares
to
their
wives
never
materialized
into
valid
and
legally
effective
transfers”.
Mr.
Stein
has
tried
valiantly
to
show
that
this
conclusion
was
erroneous
in
law
but
there
can
simply
be
no
doubt
in
our
minds
that,
so
long
as
no
transfer
of
any
kind
had
been
actually
carried
out
with
respect
to
the
shares
in
question,
the
alleged
transferees
could
not
have
voted
the
said
shares
and
the
alleged
transferors
had
not
divested
themselves
of
the
“effective
control”
of
those
shares.
The
applications
will
be
dismissed.
Applications
dismissed.
Email this Content