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It was designated as "‘compensation for the repeal of the Act under which he is employed,'' as ‘‘an allowance,” as "‘compen- sation, ” as ‘‘a retiring allowance, ” as a 11 gratuity, ‘ ‘ and finally, at the time of payment, as "‘a remunerative payment subject to income tax.” ... If it were it is taxable, but otherwise it is not taxable as " 4 income. ‘ ‘ I do not think there is any substantial distinction between the English Income Tax Act, and the corresponding Canadian Act, in respect of the point falling for determination here. ... Dewhurst (1982) 16 Tax Cas. 640, Lord Dunedin said that the mention of the words ‘‘in consideration of loss of office ‘ ‘ could not be allowed to make a change in the true nature of the payment which was there in question, and in the same case Lord Macmillan said that the circumstances that a payment was described as ‘‘compensation for the loss of office’’ was immaterial, and did not relieve the taxpayer, if the payment were in truth made as part of the bargain for remuneration on which the services in the office had been rendered. ...

In 1928, Oka Sand & Gravel Co. Ltd. merged with a company called ‘‘Consolidated Sand’’ and these two companies were absorbed by a new company called ‘‘Consolidated Oka Sand & Gravel Co. ... A-5 and A-6) between Consolidated Oka Sand & Gravel Ltd. as vendor to Oka Sand & Gravel Co. ... As appears at page 2 of the re-assessment referred to in his notice of appeal, the $40,000 in issue was added as ‘ ‘ profit on the sale of sand’’ included in the slump sale in question. ...

Whether a benefit received by a taxpayer was received by him ‘ ‘ in respect of, in the course of, or by virtue of the office or employment’’ must be considered in relation to the particular circumstances in which it was received. ... Reed, [1927] A.C. 554 Viscount Cave stated the principle to be that Schedule E of the English Act rendered taxable, “all payments made to the holder of an office or employment as such, that is to say, by way of remuneration for his services, even though such payments may be voluntary, but they do not include a mere gift or a present (such as a testimonial) which is made to him on personal grounds and not by way of payment for his services. ’ ’ He held that an award of the proceeds of a benefit match to a cricket player was not a profit accruing to him in respect to his office or employment, but was a personal gift to him. ... In this sense the words ‘‘ personal gift’’ are used in contradistinction to remuneration. ...

It is common ground that the effect of the agreement between counsel in respect to the non-applicability of Section 40(1) (a) to the respondent company is to make clause (b) of Section 40(1) applicable to it, and so entitle the respondent to the 7 % rate of deduction. ... Subsection (1) of Section 46 of the Income Tax Act, R.S., ce. 148, reads: ‘ ‘ The Minister shall, with all due dispatch, examine each return of income and assess the tax for the taxation year and the interest and penalties, if any, payable.” ... Had Parliament intended that the qualification of the applicability wording of Section 58(4) of the 1952-1953 amending statute should extend to sections of the Income Tax Act other than Section 39 surely Parliament would not have taken such care to spell out the specific application of the twelve preceding and the fourteen following sections and would not have omitted from the Section 40 amendment the provision which previously had required pro-rating of the corporation tax deduction. ‘ ‘ If the words of the statute are themselves precise and unambiguous, then no more can be necessary than to expound those words in their ordinary and natural sense. ...

Even if it were, it cannot be said that ‘‘... no part of the income... is paid or payable to any... shareholder...”’ ... Section 25 provides in part as follows: ‘ ‘ The general meeting shall decide, in accordance with such statement, the amount of the profits to be allotted. ... Province of Que.-.-.- 350.00 Printing & Stationery 287.16 Telephones & Telegraphs 255.52 Advertising, Insurance, etc. 208.69 Fees: Board of Trade, Trade Marks, ete 150.00 Travelling Expense 155.15 News-Letter Expense 59.62 Other Expenses 994.44 8,584.66 December 15th, 1947 — Balance as detailed below $32,279.40 Bonds $29,289.57 Receivable from Plant Account 2,989.83 $32,279.40” The revenue of $10,657.13 described above as being received from members is referred to by Mr. ...

. \ ' 6. At the date of death of the deceased all rent which had accrued due under the lease up to November 30, 1962 had been paid by the deceased. ...

That subsection is as follows: ‘126. (3) The Minister may, for any purpose related to the administration or enforcement of this Act, with the approval of a Judge of the Exchequer Court of Canada or of a superior or county court, which approval the judge is hereby empowered to give upon ex parte application, authorize in writing any officer of the Department of National Revenue, together with such members of the Royal Canadian Mounted Police or other peace officers as he calls on to assist him and such other persons as may be named therein, to enter and search, if necessary by force, any building, receptacle or place for documents, books, records, papers or things which may afford evidence as to the violation of any provision of this Act or a regulation and to seize and take away any such documents, books, records, papers or things and retain them until they are produced in any court proceedings. ’ ’ The application so made was supported by an affidavit of D. ...

The Taxing Act, in its definition of the word income enacts that for the purposes of the Act, the income means the profit or gain of a trade, business or calling, ‘ ‘ all of which cover the facts of the present case. ...

Lawson—A Plan for Marine Pipeline & Dredging Ltd.” presumably from an accounting firm, is unsigned; its paragraph 2 makes the suggestion, repeated in other written directives, that a necessary move would be to: (2) Obtain supplementary letters: patent for Marine Pipeline & '. ... Ltd. to Marine Pipeline & Dredging Co. Ltd., Eastern Terminal Elevator Co. ... Yours very truly, (signed) Gordon Secretary-Treasurer A lengthy reply to the latter communication, signed ‘ Arthur ’ ’ (Gilmour), dated April 10, 1963, was forwarded to Lawson. ...

" " The failure of the Lieutenant-Governor to entertain could not be a cause for removal or dismissal.’’ ... In computing the amount of the profits or gains to be assessed, a deduction shall not be allowed in respect of (a) disbursements or expenses not wholly, exclusively and necessarily laid out or expended for the purpose of earning the income; ‘ ‘ It will be observed that section 6(a) contains a double negative. ... If it does not, the amount, while it might be income in the popular sense of the word is not "‘income’ ‘ for the purposes of the taxing statute. ...