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Mah on the above reference to property in the sum of $85,000.” counsel for the respondent asked the following questions and received these answers: ‘ ‘ Q. ... General Reversionary & Investments Co. Lid., 7 T.C. 358; Shove v. ... Richard Mills & Co., Ltd: (1927), 13 T.C. 216; Mallet v. Stavely Coal & Iron Co., Ltd., 13 T.C. 772; Van Den Berghs Ltd. v. ...

In the financial statements accompanying his income tax return for 1949 the appellant showed this amount as an item of capital account describing it is a “ legacy from Dr. ... McGregor Estate ’ ’, but the Minister is his assessment added it as an item of taxable income to the amount of taxable income which the appellant had reported in his return. ...

In the Statement of Claim, as well as in the “ * Opening Statement"' made by counsel for the appellant, may be found in detail, information respecting the history of the appellant company and its holdings of timber land on the west and northern coasts of Vancouver Island. ... In or about the year 1902, the then directors and shareholders of the Sutton Lumber and Trading Company Limited, having first "" re-incorporated ‘‘ said appellant company, pursuant to said Companies Act of 1897, sold their holdings in Sutton Lumber and Trading Company Limited to Messrs. ... The King (supra) resulted because of the lack of evidence submitted to the Court in that case, and counsel for both appellant and respondent referred to 4 * the conspiracy of silence’’ in that case. ...

There followed clauses containing directions relating to conversion and postponement of conversion, investment, payment of debts, funeral and testamentary expenses and succession duties, several specific bequests, and then clauses (f), (g), and (h) provided as follows: “ (f) To pay to my sister, AGNES MCCARTER, presently of Bassano, Alberta, the sum of Fifty Dollars ($50.00) per month from the date of my death and continuing for and during her life. ... (h) I fix the period of distribution of the corpus of my estate (subject as hereinbefore provided) at the death of the survivor of me and my wife and I direct my surviving Trustee to thereupon dispose of the rest, residue and remainder of my estate as follows:... ’ ’ In the subclauses that followed, the capital of the residue was given to three grandchildren of the testator, with provisions that, in the event of the death of any of them, leaving issue, prior to the date of distribution, such issue should take his share. ... (as he then was) had in mind when he said in Re Shuker, [1937] 3 All E.R. 25, at p. 29: “ Accordingly, I must hold that the language of the will in the present case was sufficient to confer a general power of appointment, and not the less so because the widow was the ‘sole executor and trustee’.’’ ...

Subsection (6) of Section 8 of the Act is as follows: “ (6) A corporation whose principal business is the produc- tion, refining or marketing of petroleum or petroleum products is entitled to deduct from (a) the aggregate of the taxes under this Act and The Excess Profits Tax Act, 1940, payable by it in respect of the year of expenditure, and (b) if the deduction permitted under this subsection exceeds the taxes so payable in that year, from the taxes so payable in subsequent years, an amount equal to (c) twenty-six and two-thirds per centum in the case of a corporation substantially all of whose income is subject to depletion under this Act, or (d) forty per centum in the case of any other corporation, of the aggregate of drilling and exploration costs, including all general geological and geophysical expenses, incurred by it directly or indirectly on oil wells spudded in during the period from the first day of January, nineteen hundred and forty-three to the thirty-first day of December, nineteen hundred and forty-six and abandoned within six months after completion of drilling. ’ ’ Now it is not disputed that in some circumstances the appellant is entitled to the benefit of that subsection. ... In its claim the appellant included also three items called ‘ 1 gross royalty to Wartime Oils Limited’’; in 1944 the amount was $16,000 and in 1945 $2,000, both referable to Well No. 20; the remaining item of $1,000 was referable to Well No. 18, a companion well of Well No. 15 which was drilled under a similar contract with Wartime Oils and found productive, Well No. 18 being commenced but not drilled. ...

There was really no formal understanding at that time.” « Mr. Becker’s evidence with reference to the clipping of the coupons from these bonds was also contradictory. ... BETWEEN: FAY SCHMUKLER, of the City of Brooklyn in the State of New York, Widow, hereinafter called the Party OF THE FIRST PART —and— BECKFORD LITHOGRAPHERS LIMITED, a corporation organized and existing under the laws of the Province of Ontario, hereinafter called the ‘ Company’ OF THE SECOND PART ‘““WHEREAS the Party of the First Part has heretofore loaned certain securities of the par value of Fifteen Thousand Dollars ($15,000.00), as listed in Schedule 4 A’ attached hereto, to one Moe Becker, President of the Company, to lodge with the Dominion Bank as collateral security to his personal guarantee of the Company’s indebtedness to the said Bank; “AND WHEREAS it was contemplated and intended that the said securities would be released and returned to the Party of the First Part on or before the date of this Agreement; “AND WHEREAS the said securities have been hypothecated for the purposes of the Company to The Dominion Bank and The Industrial Development Bank and the Company is presently unable to have the same released and returned to the Party of the First Part; “WITNESSETH that in consideration of the premises and the agreements herein contained, the parties hereto covenant and agree as follows: 1. ... 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; (e) carrying charges or expenses of unproductive property or assets not acquired for the purposes of a trade, business or calling or of a liability not incurred in connection with a trade, business or calling; ’ ’ In Bennett and White Construction Company Limited v. ...

. $ 4,200.00 Automobile, Buick, bought in 1939 2,025.00 Property 520- 1st Avenue W. 4,800.00 Stocks and Bonds: 10 shares Canadian Utilities $ 1,000.00 15 ‘* Northwest Utilities 1,500.00 140 ‘* Calgary Power Co. 14,840.00 500 ‘** Chesterville 1,000.00 Dominion of Canada Bonds 12,000.00 $0,340.00. ... Taven- der said: ‘ They could have come from anywhere. ’ ’ As I recall his evidence, Mr. ...

On July 30, 1940 the respondent Sproston was married to Frances Melrose Baillie-Hamilton and there were four children of the marriage of the respective names and years of birth as follows: Ronald Hugh — 1944 Russell Edward — 1946 Jerilyn Melrose — 1948 Frances Aileen — 1952 Later, the respondent and his wife separated and on October 19, 1962 an order for separation was made in an action in the Supreme Court of British Columbia entitled ‘‘Frances Melrose Sproston, plaintiff, v. ... The further words of the section “ [to the] spouse to whom he was required to make the payment at the time the payment was made” do likewise indicate the payments which are permitted to be deducted from the otherwise taxable income of the respondent. ... John Hudson & Co. Ltd., [1955] A.C. 696 at 712: “That means that each one of us has the task of deciding what the relevant words mean. ...

By the same re-assessment, the respondent added to the appellant’s declared income an amount of ‘‘ Capital cost allowance recaptured’’ in the sum of $29,689.64. ... I propose to consider first the two questions that arise in respect of the ‘ buildings ”. ... I should have no doubt myself that a transaction whereby a lessee, for a consideration, surrenders his leasehold interest so that it merges in the landlord’s reversion and is entirely lost to him falls within the ordinary meaning of the expression “disposition of property ’ ’. ...

It is apparent from the foregoing definition that ‘‘mining operations ’ ’ are to be strictly limited to the operations of removing mineral ore from the earth and this has been referred to as being the movement of the ore to the “pit’s mouth’’. ... Dowdall, O’Mahoney & Co. Lid., [1952] A.C. 401 where a company resident in Eire carried on business at two branches in England. ... Anaconda American Brass Ltd., [1956] A.C. 85 at 100; [1955] C.T.C. 311 at 319 in these words: “... ...