McArthur T.C.J.:
1 These appeals were heard on common evidence with respect to the Appellants' 1991 and 1992 taxation years. The only issue to be decided is the fair market value of real property, on September 1, 1988.
Lamarre T.C.J.:
1 This is an appeal from an assessment for the appellant's 1986 taxation year. The issue concerns the profit he realized on the sale of a lot situated in Boucherville in 1986. The appellant reported this profit as a capital gain. The Minister of National Revenue (the “Minister”) ruled that the profit was business income.
Somers D.J.T.C.:
1 These appeals were heard at Toronto, Ontario, on March 11, 1997, pursuant to the Informal Procedure of this Court.
Mogan T.C.J.:
Christie A.C.J.T.C.:
Bowie T.C.J.:
Robertson J.A.:
Muldoon J.:
1 There is no better way of establishing the pertinent facts in litigation then by repeating verbatim the parties agreed statement of facts. Here it is:
THE PARTIES, by their respective solicitors, agree upon the facts set out herein, subject to their relevance to the issues herein and their weight being determined by the Court.
A. History of the Appeals
Tremblay T.C.J.:
1 These appeals were heard on common evidence pursuant to the informal procedure at Québec, Quebec on January 11, 1996.
2 According to the notices of appeal and the replies to the notices of appeal, the issue is whether the appellants were correct in claiming together for the 1990 and 1991 taxation years rental losses of $3,508 in 1990 and $2,089 in 1991, that is $1,754 each in 1990 and $1,044 in 1991.
Tardif T.C.J.:
1 The two appeals were heard on common evidence. These are appeals brought from assessments made by the respondent on October 19, 1993 and confirmed on June 9, 1995. The respondent relied on sections 3, 9, 10, 38, 39, 40 and 54 and subsection 248(1) of the Income Tax Act (the “Act”).
