CARTWRIGHT, J.:—This is an appeal from the judgment of Angers, J., pronounced on June 25, 1951, dismissing an appeal by the appellant from a decision of the Income Tax Appeal Board with respect to his income tax assessment for the year 1946, and

Jupson, J. (all concur) :—Hill-Clark-Francis Limited appeals from a judgment of the Exchequer Court which held that a profit made on the sale of certain shares in the year 1952 was income and not a capital gain.