Lamarre Proulx T.C.J.:

1 This is an appeal by way of the informal procedure for the 1995 taxation year. The question at issue is whether the Appellant is entitled to claim the wholly dependent person tax credit provided for in paragraph 118(1)(b) of the Income Tax Act (the “Act”) for his children, when he is entitled to a deduction under paragraph 60(b), (c) or (c. 1).

Lamarre Proulx T.C.J.:

1 The appellant is appealing the assessment by the Minister of National Revenue (the “Minister”) for the 1992 taxation year, under the informal procedure.

St. Onge T.C.J.:

1 The appeal of Giuseppe Brumale was heard at Montréal, Quebec, on July 30, 1996. The point for determination was whether the appellant incurred a business investment loss of $9,593 ($7,194 of which was deductible) during the 1991 taxation year.

2 The respondent disallowed the loss on the basis of the following facts:

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Rip T.C.J.:

Per curiam:

Sarchuk T.C.J.:

1 This is an appeal by Tipster Investments Ltd. (Tipster) from assessment no. 8649272 dated February 8, 1995.

Tremblay T.C.J.:

1 This appeal was heard under the informal procedure on January 9, 1996 at Québec, Quebec. The hearing was continued on November 6, 1996 after the appellant informed the Attorney General of Canada of his intention of invoking the Canadian Charter of Rights and Freedoms (the “Charter”).

Denault J.A. (Desjardins, Décary, JJ.A., concurring):

1 The Appellant claims the Tax Court judge erred in concluding that the gain realized from the disposition of a property known as Les Terrasses Chavoin, in the taxation years 1989 and 1990, was income in nature and not capital.

2 We have not been persuaded that the Tax Court judge made any palpable or overriding error that would warrant our intervention.

Robertson J.A.:

Marceau J.A.:

1 We are all of the view that the learned Tax Court Judge, on the basis of the evidence before him, did not make any error in coming to the conclusion he reached. The application for judicial review of that conclusion is without merit. The application is therefore dismissed.