Beaubier T.C.J. .
This appeal pursuant to the Informal Procedure was heard at Edmonton, Alberta on August 13, 1998. The Appellant and his accountant, John Hunter, testified.
In his 1995 income tax return, the Appellant deducted $12,019 in legal fees he paid. He claimed to deduct them pursuant to subsection 60(0.1) of the Income Tax Act in respect to a pension benefit or a retiring allowance. The deduction was denied. He appealed.
Brulé T.C.J.:
The appellant appeals from an assessment of tax in which the respondent denied the full amount of property claimed by the appellant as a tax free capital gain in respect of the 1992 taxation year.
Bowman T . C.J.:
These are appeals from assessments for the appellant’s 1993 and 1994 taxation years.
At the opening of trial counsel for the respondent moved for dismissal of the appeals on the ground that this court did not have jurisdiction to hear the appeals. I asked the parties to submit written argument on the question of jurisdiction.
O’Connor T.C.J.:
These appeals were heard at Yellowknife, Northwest Territories on August 5, 1998.
The only witness heard was the Appellant himself.
The issues are:
Archambault T.C.J.:
O’Connor T.C.J. (Orally) .
THE REGISTRAR: Before the Court, case number 96-1390 (IT)G, between Russell Sykes and Her Majesty the Queen. Counsel for the Respondent Tom Torrie.
MR. TORRIE: Your Honour, Mr. Sykes is not here. There has been some correspondence between me and Mr. Sykes, and I think to the Court as well. In a letter dated July 16th, he indicated that he was not going to be showing up. I don’t know if you want to wait the half hour before I make my motion to dismiss or you’ll hear it now.
Beaubier T.C.J. (Orally):
THE REGISTRAR: The first matter this morning is File Number 96- 4792(IT)G, between John Kobitz and Her Majesty The Queen. Mr. Whitmore, counsel for the appellant and Mr. Bouvier, counsel for the respondent.
HIS HONOUR: This appeal, pursuant to the general procedures, was heard at Regina, Saskatchewan, August 24, 1998. The appellant testified. The respondent called Mark Tomczak, the auditor on the case.
Sarchuk T.C.J.:
The Appellant, Gerald J. McConnell has appealed from assessments of tax with respect to his 1986 and 1987 taxation years.
Beaubier T.C.J.:
The Registrar: The next matter. Your Honour, is File Number 95- 3302(IT)G between Herbert Wagar and Her Majesty The Queen. No counsel present for the appellant and counsel for the respondent is Mr. Bouvier.
This appeal, pursuant to the general procedure, was heard at Regina, Saskatchewan, on August 26, 1998. The appellant: his wife. Gladys; and Wagar Farm Equipment Ltd. (WFEL’s) chartered accountant. Rick Kozachenko, all testified.
Rowe T.C.J. (Orally) .
THE REGISTRAR: The court is resumed. The Honourable Judge Rowe is presiding.
First case before the court, 96-1765(IT)I, between Mr. Russell Sykes and Her Majesty the Queen. Appearing for the Appellant, there is no one here at this time; appearing for the Respondent is Ms. Patricia Babcock.
HIS HONOUR: Is there service of your motion for today?
