SIDNEY
SMITH,
D.J.:—It
is
my
opinion
on
the
evidence
adduced
before
me,
that
the
appellant
was
carrying
on
a
trade,
business
or
calling
for
the
purpose
of
making
profit,
and
that
he
did
make
profit
during
the
years
in
question.
My
reasons
for
this
conclusion
of
fact
are
substantially
those
of
the
learned
Income
Tax
Appeal
Board,
(1951)
3
Tax
A.B.C.
919,
from
whose
decision
this
appeal
is
brought.
With
respect,
I
am
also
in
agreement
with
the
principles
of
law
set
out
in
the
Appeal
Board’s
reasons.
There
are,
however,
on
the
evidence
now
before
me,
a
few
variations
that
should
be
made
in
the
decision
of
the
Appeal
Board.
They
are
as
follows:
1.
For
the
year
1946
net
profit
of
$8,700.00
would
be
added
to
the
assessment.
2.
For
the
year
1947
the
net
profit
that
should
be
added
to
the
assessment
is
$20,500.00
instead
of
$29,200.00
as
found
by
the
Board.
3.
For
the
year
1948
the
net
profit
of
$33,000.00
as
found
by
the
Board,
remains
unchanged.
The
matter
will
be
remitted
to
the
Minister
of
National
Revenue
for
remedial
action.
Subject
to
the
foregoing
the
appeal
is
dismissed.
I
see
no
ground
for
depriving
the
respondent
of
any
portion
of
his
full
costs.
Judgment
accordingly.
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