Guenette Reg.:

1 This taxation came on for hearing by means of a telephone conference call on December 9, 1997. It follows the judgment of the Honourable Judge Sarchuk, dated January 14, 1997, who allowed the appeal “... with costs, to be taxed, ....”. Also at issue were the costs awarded to the Appellant in an order of the Honourable Judge Mogan dated October 31, 1996, following an application made by the Respondent under section 174 of the Income Tax Act.

Lamarre Proulx T.C.J.:

1 The appellant is appealing from reassessments by the Minister of National Revenue (“the Minister”) for 1992 to 1995 inclusive.

2 The issue is whether repair expenses incurred by the appellant for a building are on current or capital account.

Bonner T.C.J.:

MacGuigan J.A.:

Lamarre Proulx T.C.J.:

1 The Appellant is appealing, by way of the informal procedure, a penalty in the amount of $7,225 imposed pursuant to subsections 163(2) and 163(2.1) of the Income Tax Act (the “Act”) for having understated his income by an amount of $67,260 and having correspondingly increased his net business loss for the 1994 taxation year.

Teitelbaum J.:

1 On February 12, 1998, Rothmans, Benson & Hedges Inc. (Rothmans) filed into the Federal Court Registry an originating notice of motion for the purpose of obtaining:

• (a) An order quashing the decision of the Minister of National Revenue that certain tobacco products meet the definition of “tobacco stick” set out in the Excise Act, R.S.C. 1985, c.E-14, s.6 and the Excise Tax Act, R.S.C. 1985, c.E-15, s.2;

Rowe D.J.T.C.:

Bowman T.C.J.:

Rip T.C.J.:

Jerome A.C.J.: