Heald, J:—This is an appeal from a judgment of the Trial Division whereby the appellant’s 1973 income tax assessment was referred back to the Minister of National Revenue for further reassessment on the basis that the consideration for the disposition of

Mahoney, J:—This is a management company case. It was tried together on common evidence with Rex T Parsons v The Queen, Court file no T-2660-81. Parsons testified first; the plaintiff, Frederick G Vivian, was excluded

Mahoney, J:—This action was tried on common evidence with a like action against the defendant’s wife, May Yates, Court file no T-4484-81. The evidence consisted entirely of the transcript of the Tax Review Board hearing, which included a partial agreed

Walsh, J:—A provisional order was issued in this matter against defendant on November 29, 1976, resulting from a certificate produced on November 25, 1976, for income tax arrears for the years of 1973, 1974 and 1975, total- ling $100,419.18, which

Mahoney, J:—The issue is whether, upon conversion in 1977 of a debenture purchased from his employer in 1972, the plaintiff received a taxable benefit in the amount of $6,577.25, being the difference between the value of the shares acquired on conversion

Grant, DJ:—The plaintiff is a company that carried on business as a manufacturer and fabricator of metal forgings, castings and other metal products for some time prior to December 31, 1976. Two of the principal management employees of the plaintiff were

Mahoney, J:—This is a special case stated pursuant to Rule 475. The subject is issue estoppel. The questions to be answered are:

Urie, J:—This is an appeal from a judgment of the Trial Division dismissing an appeal from a decision of the Tax Review Board. The appellant had appealed an income tax assessment made by the Minister of National Revenue which had added to the

Carrothers, D J:—I will ask my brother Macfarlane to give the first judgment.

Collier, J:—These reasons are given in this action (T-2445/80: Campbell v The Queen). They will apply in action T-2444/80: Smith v The Queen. The two actions were tried on, where applicable, common