Harvey Clarke Smith v. Minister of National Revenue, [1960] CTC 391, 60 DTC 1282 -- text
THURLOW, J.:—This is an appeal from assessments of income tax for the years 1955, 1956 and 1957, the issue for each of these years being whether the profit arising from a sale made by the appellant in 1955 of certain real property was income or a capital gain.