Rothstein J.:—This is an appeal by way of trial de novo from a decision dated February 26, 1992 of Judge Taylor of the Tax Court of Canada, in which he allowed the appeal of the taxpayer ("Lehmann") against assessments made

Rothstein J.:—

Rouleau J.:-This is an appeal from a decision of the Minister of National Revenue’s assessment wherein it was determined that payments received under a "wage loss replacement plan" were taxable as income.

Marceau J.A.:-I have had the advantage of reading the reasons for judgment prepared by my brother McDonald. Unfortunately, my analysis of the legal principles applicable to the facts of this case does not lead me to the conclusion which he has

Simpson J.:-On December 16, 1982, Revenue Canada assessed the Canadian Imperial Bank of Commerce (the ”CIBC”) in the amount of $243,440.69 pursuant to section 153 of the Income Tax Act, R.S.C. 1952, c. 148 (am. S.C. 1970-71-72, c.

MacGuigan J.A.:-This case, dealing with an income tax assessment for 1980, began before the Tax Court, where the appellant disputed the Minister of National Revenue’s determination for capital gains purposes of the fair market value of $100 an acre as at

Stone J.A.:-I too have come to the conclusion that this appeal should be allowed but do so to an extent by a somewhat different route.