McDonald J.A.:—These are appeals from a reported decision of the Trial Division ([1993] 1 C.T.C. 148, 93 D.T.C. 5067), which dismissed appeals from the reassessments of the appellant’s 1985 and 1986 income tax returns.
Hugessen J.A.:—These three appeals raise a problem that is common to all three cases. In addition, the appeal in file no. A-184-93, Faema Distributeur Inc., raises a question that is specific to that case.
All of the respondents import kitchen equipment that is intended for sale, and is in fact, sold to restaurant establishments. In addition, the respondent, Faema Distributeur Inc., imports kitchen equipment that is intended for sale, and is in fact sold, to people who will use it for strictly domestic and non-commercial purposes.
Robertson J.A.:—The respondent is a "Class 1” farmer who in 1987 transferred all his farmin assets to a company incorporated for the purpose of facilitating a "rollover" to his son on the former's death. Simply stated, the issue raised on this
Mahoney J.A.:—This is an appeal from a reported decision of the Tax Court of Canada (Schwartz v. Canada, [1993] 2 C.T.C. 2125, 93 D.T.C. 555), which allowed the respondent's appeal against the inclusion in his 1989 taxable income
Joyal, J.:—These consolidated appeals by the appellant against a number of tax reassessments raise a number of factual and legal issues and, in the course of the trial and of later interventions, have caused counsel for the parties and their witnesses to marshal much evidence and considerable argument. After all this, however, the parties will concede that there is not much conflict on the facts and debate centres generally on the application of various income tax rules to these facts.
Hugessen, J.A. (McDonald agreeing):—The question raised by this appeal is whether a transaction which is structured in such a way that it cannot possibly produce a trading profit may nonetheless be an adventure in the nature of trade. More
Reed, J.:—The defendant is a trader in commodity futures. The transactions to which the present case relates are the purchase and sale of actual physical quantities of gold and silver bullion.
Joyal, J.:—The Court is seized of three appeals by way of statements of claim from reassessments made by the Minister of National Revenue for each of the years 1984, 1985 and 1986.
Giles, A.S.P.:—This is one of three associated current files involving David Brough and Satellite Earth Technology Inc. This file involves an income tax appeal.
Hugessen, J.A.:—We are not satisfied that the trial judge erred in law. The provisions (now repealed) of the Excise Tax Act, R.S.C. 1985, c. E-15, which were in issue are clear and unambiguous; the manner in which they were
