Cattanach, J:—This is an appeal from a decision of the Tax Appeal Board, dated May 21, 1971, whereby the assessment of the appellant by the Minister to income tax for its 1967 taxation year was confirmed.

Sheppard, DJ:—The issue is whether the profit realized by the plaintiff on the resale of property was a capital gain on an investment as the plaintiff contends, or was business income as the Minister of National Revenue contends.

Mahoney, J:—Pursuant to the order of Noël, ACJ made September 27, 1973, the trial of these matters was heard on common evidence at Saskatoon, Saskatchewan on October 23, 1973.

Mahoney, J:—The trials of these causes were, by consent, conducted jointly in Toronto, on October 11 and 12, 1973.

Urie, J:—This is an appeal from the decision of the Tax Appeal Board dated May 27, 1970 with respect to an assessment dated January 3, 1968 for the respondent’s 1965 taxation year, whereby the appellant in computing the respondent’s income for the

Kerr, J:—This is an appeal from a judgment of the Income Tax Appeal Board which confirmed the assessment of the appellant’s income for 1969, whereby $9,380.39 claimed by the appellant as a trading loss deduction from income was disallowed on the

Kerr, J (orally):—This is a motion for judgment in favour of the plaintiff on the basis of allegations made and admitted in the pleadings.

The Chief Justice (judgment delivered from the Bench) (all concur):— This is an appeal from a judgment of the Trial Division dismissing with costs an appeal from reassessments of the appellant, who is a building contractor, under Part I of the Income

Urie, J:—This is an appeal from the decision of the Tax Review Board dated November 20, 1972, affirming an assessment relating to a profit realized by the plaintiff in his 1969 taxation year from the sale of a tugboat named

Lande, J:—The Court having examined the proceedings, studied the law and the written notes of the parties and having deliberated on the whole.