Kempo,
TCJ:—The
appeal
was
heard
on
common
proof
with
three
other
actions,
No.
83-1293
and
83-1294
Wayne
N
Shipley;
No
83-1289
and
83-1290
Joseph
Foreman;
83-1291
and
83-1292
Robert
G
Murray,
the
facts
in
all
four
cases
being
substantially
the
same
save
for
the
amounts
of
income
tax
reassessments
for
the
1979
and
1980
taxation
years
for
each
of
the
respective
appellants.
The
appeal
of
The
Estate
of
John
8
McEachran,
Deceased
v
MNR,
No
83-1255
was
heard
immediately
prior
to
the
present
appeals
and
it
was
agreed
that
the
evidence
produced
in
the
McEachran
Estate
appeal
will
be
applied
to
the
present
appeals
to
the
extent
that
is
is
applicable.
For
the
reasons
expressed
in
the
decision
of
The
Estate
of
John
S
McEachran,
Deceased
v
MNR,
supra,
a
copy
of
which
is
attached
hereto,
I
would
allow
the
appeals,
in
part,
and
refer
the
matter
back
to
the
Minister
for
reconsideration
and
reassessment
on
the
basis
that:
(a)
in
the
calculation
of
income
for
the
1979
taxation
year
there
shall
be
deducted
therefrom
the
appellant’s
share
of
$20,758.82
with
respect
to
the
Chester
loan.
There
is
to
be
no
deduction
or
reserve
allowed
with
respect
to
the
McCart
loan;
and
that
(b)
the
calculation
of
income
for
the
1980
taxation
year
shall
take
into
account
the
appellant’s
share
of
the
amount
of
$40,341
paid
pursuant
to
the
buy-sell
agreement
dated
October
1,
1979.
This
decision
is
also
applicable
mutatis
mutandis
to
the
appeals
of
Wayne
N
Shipley
(83-1293,
83-1294),
Joseph
Foreman
(83-1289,
83-1290)
and
Robert
G
Murray
(83-1291,
83-1292).
As
all
four
cases
were
argued
simultaneously
on
the
same
proof
there
will
be
only
one
set
of
costs.
Appeals
allowed
in
part.
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