The
Chief
Justice
(per
curiam)
(judgment
delivered
from
the
Bench):—This
is
an
appeal
from
a
decision
of
the
Tria!
Division
allowing
an
appeal
by
the
respondent
from
a
decision
of
the
Tax
Review
Board
holding
that
the
appellant
was
entitled
to
make
certain
deductions
in
computing
its
income
for
the
1967
and
1968
taxation
years
for
the
purposes
of
Part
I
of
the
Income
Tax
Act.
The
judgment
of
the
Trial
Division
declared
“the
$105,000
expenditure”
made
by
the
appellant
and
two
other
taxpayers
“to
be
a
capital
disbursement
and
not
an
income
disbursement”’.
The
question
involved
is
set
out
in
the
reasons
for
judgment
of
the
learned
trial
judge
in
a
manner
that
we
adopt.
We
are,
furthermore,
in
agreement
with
the
reasoning
whereby
he
reached
the
conclusion
that
he
did;
and
we
are
therefore
of
the
view
that,
subject
to
what
I
am
about
to
say,
the
appeal
should
be
dismissed
with
costs.
Counsel
for
the
respondent
is
in
agreement
with
counsel
for
the
appellant
that
the
assessments
of
the
appellant
that
are
the
subject
matter
of
this
appeal
should
be
referred
back
to
the
respondent
for
reassessment
after
considering
whether
capital
cost
allowance
should
be
made
in
respect
of
the
aforesaid
payment
of
$105,000.
Subject
to
such
a
direction,
the
appeal
will
be
dismissed
with
costs.
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