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.

McDonald J.A.:-This is an application under section 28 of the Federal Court Act, R.S.C. 1985, c. F-7, for judicial review of an order of the Tax Court of Canada. [1] The Minister of National Revenue (the "Minister”)

Chevalier D.J.: — Between 1977 and 1979 David, Cindy and Brian Ludmer (the “Ludmers”) and Ludco Enterprises Ltd. (“Ludco”) bought shares in companies having their headquarters outside Canada. They obtained loans to pay for these shares. In their tax

Stone J.A.:-In our opinion this application for judicial review must fail. As a second application, in court file A-337-94, raises the same issue, these reasons will be filed in that matter and shall become the reasons for judgment of the Court

Hugessen J.A.:—We are all of the view that the present case is indistinguishable from this Court’s decision in Canada v. Veritas Seismic (1987) Ltd., [1994] 1 C.T.C. 241, 94 D.T.C. 6123. In that case the taxpayer used

Strayer J.A.:-On May 31, 1993 the plaintiffs commenced this action. On application of the first-named respondents (hereafter referred to as "the Crown") the associate senior prothonotary on July 19, 1993 struck out the statement of claim as disclosing no cause of