Lamarre Proulx T.C.J.:

1 This is an appeal by way of the informal procedure; it concerns the disability tax credit provided for by section 118.3 of the Income Tax Act (the “Act”) which was claimed by the Appellant for the 1995 taxation year.

Taylor T.C.J.:

1 This is an appeal heard in London, Ontario, on June 12, 1997, against assessments under the Income Tax Act (the “Act”) for the 1992 and 1993 taxation years in which the Respondent disallowed amounts of $28,474.08 and $31,693.84 respectively claimed as “business losses”, by reducing such losses to $1 for 1992 and $2,698 for 1993.

McArthur T.C.J.:

1 These appeals are from reassessments for the Appellant's 1987, 1988, 1989, 1990 and 1991 taxation years. They involve the disallowance by the Minister of National Revenue (the “Minister”) of expenses incurred by the Appellant from a consulting business the Appellant avows he conducts.

O'Connor T.C.J.:

1 The Minister of National Revenue (“Minister”) denied deductions claimed by the Appellant for legal fees of $13,845.78 in 1994 and $31,170.19 in 1995 and the issue is whether the Minister was correct in so doing.

2 The basic facts are as follows. Prior to February 1991 the Appellant was a licensed real estate agent in the employ of Homelife Solaris Realty Inc. (“Homelife”).

Beaubier T.C.J.:

1 This appeal pursuant to the General Procedure was heard at Prince George, British Columbia on April 30, 1997. The Appellant and his brother Rick testified.

2 The issue is whether the Appellant's purchase and sale of a 210 acre parcel of land, legal description DL 12499, in 1988 was on account of income or capital.

Taylor T.C.J.:

Watson D.J.T.C.:

Campbell J.:

1 The primary issue in this case is limited to whether Mr. Fegol can take advantage of a “farm equipment” exemption to obtain relief from a seizure which took place on July 15, 1994 for the purpose of offsetting an outstanding tax debt. Mr. Fegol was unrepresented at the trial and the respondent was represented by counsel, Mr. Fraser. Both did a capable job.

Hamlyn T.C.J.:

1 These are appeals for the 1988, 1989 and 1990 taxation years.

2 In computing income for the 1988, 1989 and 1990 taxation years, the Appellant deducted business losses in the amounts of $2,327, $12,460 and $12,431 respectively and deducted professional losses in the amounts of $4,951, $7,014 and $3,189 respectively.

Décary J.A.:

1 This is yet another “reasonable expectation of profit” case, involving what the Tax Court Judge described as:

[...] a unique situation where entrepreneurial parents with substantial means seek to establish a business in the context of their daughter learning how to ride and jump horses leading to the highest of the world's competitive levels.