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Burns & Dutton Construction (1962) LTD v. Minister of National Revenue, [1972] CTC 2533, 72 DTC 1453 The Assistant Chairman:—This is an appeal of Burns & Dutton Construction (1962) Ltd from an income tax assessment with respect to the appellant’s 1969 taxation year. 1. Burns & Dutton Construction (1962) Ltd (hereinafter to be referred to as “Burns & Dutton”) were subcontractors for an apartment building project in Calgary and held an $89,000 contract for the installation of the footings of the building. ... Burns & Dutton was originally involved in the project as a subcontractor only. ...

Morasch Builders & Supplies LTD v. Minister of National Revenue, [1972] CTC 2386, 72 DTC 1333 Roland St-Onge:—This appeal was heard in the City of Calgary in the Province of Alberta by the Tax Review Board on March 16, 1972 and involves the 1965 and 1967 taxation years. ... In 1965 the company advertised and sold this remainder in three different parcels: 25 acres to a Mr Wathen for $11,000; 25 acres to a Mr Rurar for $24,900; and 35 acres to Kouitz & Golden for $39,000 — realizing a gain of $49,674. ... Mr Morasch had been personally buying and selling land and houses for himself as well as for others, and the transferring of the land to his company to be sold at a profit — a company, part of whose business had also been the buying and selling of properties — does not constitute a means of preventing taxation of the gains. ...

Having done so, it did seem logical to the appellant that Ogilvie paid $185,000 for only a piece of paper — the lease — giving that company the rights inherent therein. ... It was as much “notional” to Ogilvie as it was to Dominion — it simply did not exist. ... As I see it, that was a purely mathematical exercise — a procedure specifically rejected as applicable by Mr Wise. ...

B & D Insulation Limited v. Minister of National Revenue, [1980] CTC 2878, 80 DTC 1759 The Assistant Chairman:— By reassessment for the 1977 taxation year, the Minister of National Revenue (respondent) added to the income of B & D Insulation Limited (referred to herein as “B & D” or the “appellant”) the sum of $250,000 and, in addition to adding that amount to its income, levied penalties against the appellant pursuant to subsection 163(2) of the Income Tax Act after tax reform and section 17 of the Income Tax Act (Ontario). ... In part, this letter read: “In December, 1977, Canadian B & D had excess funds on hand and advances of $250,000 were made to each of the owner companies, these being treated as loans.” ... The interests of CANADIAN (herein Canisco) and of B & D in and to this contract, and in and to any and all property and equipment acquired in connection with this performance, together with all benefits and profits and liabilities derived from or resulting therefrom, shall be shared between CANADIAN (herein Canisco) and B & D on equal basis. ...

A & a Farms LTD v. Minister of National Revenue, [1983] CTC 2532 M J Bonner [ORALLY]:—I am of the view that the appeal must be allowed. ... For example, when he was asked in cross-examination if he had any notes with respect to comparables 5, 6 and 7, and asked further if that land was poor land, he pointed out that that is what makes that land valuable — that being poor land makes it valuable for speculators. ...

L’appelante en effet a acquis de nouveaux clients importants dont la nature et le montant des primes sont tels que ci-après décrits: Noms de nouveaux clients Primes Une compagnie de construction $ 52,000 Une compagnie de matériaux de construction $ 35,000 Une compagnie de bois $ 88,000 Une compagnie d’acier $ 70,000 Un commerce de moulin à scie $ 14,000 $259,000 Le revenu additionnel qui en est découlé constitue environ $40,000 à $45,000 de commissions. 3.13 Un autre élément d’augmentation de revenus, selon M Castelli, fut l’augmentation des primes d’assurance-automobile. ... Sa Majesté la Reine c Baine, Johnston & Co Ltd, [1977] CTC 556; 77 DTC 5394; 8. Crosbie & Co Ltd c MNR, [1978] CTC 2091; 78 DTC 1083; 9. Walter J Burian c Sa Majesté la Reine, [1976] CTC 725; 76 DTC 6444; 10. ...

A I don’t know whether I can answer you that directly — you know — everything that one does in business today — you have the two (2) facets: one is the operations, and the other is the financial, if you want, and it is very complex, especially to a person such as myself, and I do depend upon professional counsel. ... Q A fair assumption — there would be no problem with these preferred shares?... ... Alpine Drywall & Decorating Ltd v MNR, [1966] CTC 359; 66 DTC 5263; 6. ...

Angus E Barton & Associates Limited v. Minister of National Revenue, [1978] CTC 2301 Roland St-Onge (orally: June 14, 1977):—The appeal of Angus E Barton & Associates Limited came before me on June 14, 1977 at the City of Toronto, Ontario and it is with respect to the appellant’s 1973 and 1974 taxation years. ...

North West Tent & Awning Co LTD v. Minister of National Revenue, [1976] CTC 2332, 76 DTC 1227 Delmer E T aylor:—-—This is an appeal from an income tax assessment for the year 1970. ... Exhibit A-1 is reproduced to provide the details: North West Tent & Awning Co Ltd Due from Norseman Products Ltd November 30, 1970 Trade Loan Total Sept. 30, 1968 Norseman Products Ch# 4706 $ 5,000.00 $ 5,000.00 30, Lamond Dewherst 400.00 400.00 30, Langstin et al rent 1,850.00 1,850.00 Oct. 31 Norseman Products 14,000.00 14,000.00 31 Merchandise $16,500.00 16,500.00 November 30, 1968 Cash re postage 11.00 11.00 1966 balance 223.15 223.15 November 30, 1969 Group insurance paid by NWT & A 30.02 30.02 16,500.00 21,514.17 38,014.17 Cash received 4,000.00 4,000.00 16,500.00 17,514.00 34,014.17 Amount written off as uncollectable 16,500.00 17,514.17 34,014.17 At the date of bankruptcy, approximately November 1970, Norseman was no longer owned by the three shareholders, Bryant, Fuller and McFadden, since, due to both financial and operational difficulties encountered by the company early in the year 1969 and in 1970, these three had disposed of their shares in Norseman in July 1970 to Triangle Industries Ltd, a company not associated in any way with the appellant. ... It is not shown either in 1968 or in 1969 as a “current asset”, the references indicate a longer term investment. (2) Conversely, in the financial statements of Norseman, also submitted as evidence by the respondent, at November 30, 1968, the amount is shown as part of “Loan Payable” and described as “North West Tent & Awning Co Ltd—$37,984.00”; and at November 30, 1969, under “Long-Term Debt” as “Loan Payable to North West Tent & Awning Co Ltd—$38,014.00”. (3) In both situations described in point (2) above, ihe amounts are included in the same grouping and content as the “Shareholders’ Loans totalling $55,000.00”. (4) In response to questioning, Mr Bryant gave evidence that the reason he did not simply expand the existing operation of the appellant company to undertake the new role of manufacturing tent trailers commenced by Norseman in 1968, was that there was a substantial liquidity problem in the appellant company at that time. ...

Axler & Palmer Limited v. Minister of National Revenue, [1973] CTC 2167 The Chairman (orally):—This is an appeal by Axler & Palmer Limited against the reassessment of the Minister of National Revenue for the taxation year 1969. ... Therefore, I am satisfied that the appellant Axler & Palmer Limited is, in fact, in a profession within the meaning of paragraph 85F(1)(b). ... In my view the business referred to is the business of a profession as it was carried on by Axler & Palmer Limited as an incorporated company and not in partnership or jointly with any other person. ...