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In The Rosyth Building & Estates Co., Ltd. v. P. Rogers (1918-24), 8 T.C. 11 at 17, the Lord President said:— “It may in the ordinary case be difficult to determine the point at which mere ownership of heritage passes into the commercial administration by an owning trader, but that is a question of fact of a kind which is not infrequently met with under the Income Tax Acts...” ...

“Office” is defined as follows in Section 127(1) (aa) (now 139(1)(ab)): “127.(1) In this Act, (aa) ‘office’ means the position of an individual entitling him to a fixed or ascertainable stipend or remuneration and includes a judicial office, the office of a Minister of the Crown, the office of a member of the Senate or House of Commons of Canada, a member of a legislative or executive council and any other office, the incumbent of which is elected by popular vote or is elected or appointed in a representative capacity and also includes the position of a corporation director; and ‘officer’ means a person holding such an office;’’ “Employment” is defined in Section 127(1) (1) (now 139 (l)(m)): “127. (1) In this Act, (1) ‘ employment’ means the position of an individual in the service of some other person (including His Majesty or a foreign state or sovereign) and ‘servant’ or ‘employee’ means a person holding such a position;’’ In Johnston v. ... Stubbs, [1925] 2 K.B. 753, and observing that in that case Atkin, L.J., had “found an element of revenue in the profit which he was there considering largely from the fact that there was no investment of capital”, Lawrence, J., said at page 741: “... ...

., in delivering the unanimous judgment of the Court, said at page 564 [[1959] C.T.C. 217]: ‘*,.. ... British Insulated & Helsby Cables, 10 T.C. at page 182, I conceive the scheme of that part of the Act and of Schedule D, which deals with profits or gains from trade and deductions which can be made therefrom, to be this: that one must arrive at profits or gains in the ordinary commercial or business sense. ...

Pastorius is a resident partner in McDonald, Currie & Company, and is also an accountant for a Collavino companies. ... The building had not been put up or " advertised for sale. While I realize that sometimes testimony is not as truthful as it appears to be, I observed Collavino with care and I do not think that I have good reason not to accept as truthful his evidence that the appellant purchased the building with the intention only of improving it and keeping it as a revenueproducing property, aS an investment, and that it was sold only because of unexpected problems and the receipt of an unsolicited offer that provided an opportunity to realize a fortuitous gain. ...

The plan was carried out by allotting to each local manager in his local company 50 voting common shares at $5 each and 200 preference non-voting shares at $1 per share for which he paid a total sum of $450, to either Charles Jordan-Knox or Trevor Jordan-Knox 50 voting preference ‘‘ A?? ... That was a specialized business which was found not to be readily joined with the sale of carpets — a clerk might be a good carpet salesman, but not an interior decorator. ...

Here there was a ‘‘ Dealer Participation Agreement’’ entered into between Thornerest and Ford so that Thornerest took part in the sales incentive program. ... Because of the conclusion I have reached on the first issue in this appeal, that is, that the amount of $1,384 is properly included in the appellant’s income by virtue of Section 5(1) (a) of the Income Tax Act, it is not necessary for me to consider the alternative submission on behalf of the Minister that the sum of $1,384 should be included in the appellant’s income as a benefit or advantage conferred upon him as a shareholder of Thorncrest within the meaning of Section 8(1) (¢). ...

By minute of November 4, 1957 (Ex. 14), the Bronze Co. offered to purchase Parcel A at $30,950, that is its proportionate part of the original price to the Cemetery Co. at $40,000 for Block 3, and by minute of November 7, 1957 (Ex. 15) the Cemetery Co. purported to accept the offer of the Bronze Co. by setting forth in the minute a recital stating that Bronze Co. ‘ would repurchase the uncemeterized portion’’. ... Lord Dunedin says, in. the case I have already cited, at page 423: “... ...

Harris (1904), 5 T.C. 159 and the test for resolving such an issue was outlined by the Lord Justice Clerk at page 166 as follows: “What is the line Which separates the two classes of cases may be difficult to define, and each case must be considered according to its facts: the question to be determined being—Is the sum of gain that has been made a mere enhancement of value by realizing a security, or is it a gain made in an operation of business in carrying out a scheme for profit-making V ’ In M.N.R. v. ... The face value was $1,800 and an amount of $1,228.53 was advanced by the appellant resulting in a bonus of $572 or approximately 33 ⅕ per cent. ...

The table is as follows: Total$82,322.00” Prior to June 27, 1958, the appellant had also acquired additional property of a type that had previously been included in Class 8 at a capital cost of $390. “ Building Class 3 $52,498.00 Equipment Class 8 25,073.00 Automobiles Class 10 4,751.00 Moulds Class 12 nil On or about June 27, 1958, the appellant under its former corporate name sold its equipment, automobiles and moulds to Tilco Plastics Limited under an agreement, dated June 26, 1958, a copy of which was attached to the agreed statement of facts. ... Counsel for the appellant referred to the words “ immediately before the disposition’’ in Section 20(1) of the Act and submitted that since its election operated to produce the result that its depreciable properties in classes 3, 8, 10 and 12 were included in class 1 as of January 1, 1958, it followed that ‘‘immediately before the disposition’’ they were all claiss 1 properties and were disposed of as such. ...

Subject to the other provisions of this Part, income for a taxation year from a business or property is the profit therefrom for the year. ’ And Section 127(1) (e), later Section 139(1) (e), provides: “139. (1) In this Act, (e) ‘business’ includes a profession, calling, trade, manufacture or undertaking of any kind whatsoever and includes an adventure or concern in the nature of trade but does not include an office or employment.” ... Robinson, was that the going rate of interest was 414 and later 5 per cent on National Housing Act mortgages and © and later 514 per cent on other mortgages. ...