CAMERON,
J.:—This
is
an
appeal
by
the
Minister
of
National
Revenue
from
two
decisions
of
the
Income
Tax
Appeal
Board
dated
February
10,
1955,
which
allowed
the
respondent’s
appeals
from
assessments
for
the
years
1946
and
1947.
In
his
assessment
for
the
year
1946,
the
Minister
had
added
to
the
respondent’s
declared
income
certain
profits
received
by
the
latter
in
that
year
in
respect
of
the
sale
of
pipe
and
the
sale
of
salt
rights.
Similarly,
in
1947
there
was
added
to
his
declared
income
a
further
amount
of
profit
received
from
the
sale
of
salt
rights.
By
consent
of
the
parties,
this
case
was
heard
concurrently
with
the
appeals
of
the
Minister
regarding
assessments
made
upon
one
Franklin
W.
Turnbull
in
respect
of
the
same
years.
In
the
Turnbull
case,
the
same
two
transactions
of
purchase
and
sale
of
pipe
and
of
salt
rights
were
involved,
as
well
as
other
matters.
It
was
agreed
that
the
evidence
and
argument
submitted
in
that
appeal
should
apply
where
relevant
to
this
appeal.
Judgment
has
been
given
today
in
the
Turnbull
case
(Office
File
103512)
allowing
the
Minister’s
appeals
with
certain
variations
as
to
the
amounts
involved.
For
the
reasons
given
in
the
Turnbull
case,
in
so
far
as
they
refer
to
the
same
matters
as
are
here
in
dispute,
this
appeal
will
be
allowed
and
the
assessments
made
upon
the
respondent
for
the
years
1946
and
1947
will
be
affirmed,
subject
to
the
following
variations
(for
which
purpose
the
matter
will
be
referred
back
to
the
Minister
for
reassessment)
:
(a)
For
the
year
1946
by
reducing
the
amount
of
profits
from
sale
of
salt
rights
from
$8,875
to
$7,961.84;
(b)
For
the
year
1947
by
reducing
the
amount
of
profit
received
from
the
sale
of
salt
rights
from
$8,875
to
$8,750.
The
appellant
is
also
entitled
to
his
costs
after
taxation.
Judgment
accordingly.
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