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Joubin & Associates Mining Geologists Limited (hereinafter referred to as the ‘‘Joubin company’’), being (a) $ 43,603.40 in respect of 1960 (b) $ 85,189.06 “ ‘* ** 1961 (c) $138,369.41 ‘6 ‘* ** 1962 are deductible in computing the appellant’s profits from its business for those respective years for the purposes of Part I of the Income Tax Act. ... In other words, the question, as I understand it, is: Is such an expenditure in substance a revenue or a capital expenditure ’ ’? ... Atherton, supra, and that had been applied by Kerwin, J., as he then was, in Montreal Light, Heat & Power Consolidated v. ...

See. 10 of €. 14 of 23-24 Geo. V dealing with the application of the various sections of the Act says inter alia: " ‘10. ... In common use, the word " " individual applies to either sex; as the word " " person, ‘ it may mean a woman as well as a man. ... The personal corporation, besides being controlled by an individual who resides in Canada or by such an individual and his wife or any member of his family or by any combination of them, may, according to the definition contained in para. (7) of sec. 2, be controlled by " " any other person or corporation or any combination of them on his or their behalf. ‘ ‘ The word ‘ " person ‘ ‘ for which the word "‘individual’’ has been substituted in other parts of the sentence has been left here, intentionally it may be assumed. ...

Under section 103 of the Companies Act, 1929, of the United Kingdom, 19 & 20 Geo. ... If " " Canadian ’ ‘ means ‘ ‘ resident in Canada ‘ ‘ it cannot also mean "‘non-resident in Canada.” ... The term " ‘ Canadian, when applied to a company, should be dealt with similarly and be regarded as meaning a company incorporated in Canada. ...

In its return of income for the fiscal year ended March 31, 1933, Pioneer Laundry & Dry Cleaners Limited included as depreciation the following items: Rate Depreciation charged off Year per cent Total previous Amount this Nature of article acquired Cost per annum charged year Machinery & equip ment 1932 $146,690 10 $14,131 15 Automobiles 1932 14,675 20 2,935 08 Horses & wagons 1932 1,352 10---------------- 135 25 Furniture & fixtures... 1932 5,740 10 — 574 07 forming a total of $17,775.55. ... The said last mentioned company on 1st April, 1932, acquired all the physical assets of the following companies, that is to say: Pioneer Laundry & Dry Cleaners Limited, Cascade Laundry & Dry Cleaners Limited, Dominion Laundry & Dry Cleaners Limited, B.C. ... Section 9 says {inter alia): There shall be assessed, levied and paid upon the income during the preceding year of every person (a) residing or ordinarily resident in Canada during such year; * # © + # a tax at the rates applicable to persons other than corporations and joint stock companies set forth in the First Schedule of this Act upon the amount of income in excess of the exemptions provided in this Act: Provided that the said rates shall not apply to corporations and joint stock companies. 2. ...

Attached to the said consent was a schedule of purchases and sales of land made by the late Adolorata Fabi and entitled ‘‘ Mrs. Adolorata Fabi ’ ’. Also a second schedule, marked ‘‘ Appendix 1 ’ of purchases and sales covering four pages which were made jointly by Samuel Fabi and his mother in connection with lots 4 and 5 (Brault Farm). ...

General Reversionary & Investments Co. Lid., 7 T.C. 358; Shove v. ... Cravens Railway Carriage & Wagon Co. Lid., 32 T.C. 359; C.I.R. 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. ...

The Refinery imported from the United States, or purchased from domestic producers or wholesalers, a considerable quantity of what is known as ‘‘gas oil,’’ which it sold under the name of "‘tractor fuel, ‘ and sometimes as " ‘ gas oil, ‘ ‘ without further processing or manufacture, and without any change in the structure of such product. ... <A dispute arose between the Refinery and the Department of National Revenue as to whether the mixing of raw naphtha and gas oil, or raw naphtha and kerosene, constituted a " " manufacture, ‘ ‘ and the Department ruled that it did, and in this I concur. ... There seems to have been a disagreement between the Refinery and the Revenue Auditor regarding the standard or grade of certain oil products which the Refinery imported or purchased under one name, and sold under another name, for example, a product imported as ‘ 4 gas oil ‘ ‘ was sold as ‘‘tractor oil, ‘ ‘ and apparently a distinction was made between them for taxation purposes. ...

The plaintiff alternatively claims the sum of $1,827.34, plus a penalty of $500.00 under the provisions of Section 119 of said chapter 179, as amended, now Section 61 of chapter 100, R.S.C. 1952, which is as follows: ‘‘ 61. ... The supplement to Murray’s English Dictionary, published in 1933, the original of which was published in 1893, gives what was then a recent meaning of the word ‘ ‘ component ’ ’ as follows: “applied specially to the separate parts of motor cars and bicycles. Hence attributively and combined as component maker, component built. ’ ’ While the circumstances provided for thereby are not before this Court, the words used in subsection (8) of Section 80 of chapter 179, R.S.C. 1927, as amended, now Section 23(3), R.S.C. 1952, are of assistance: “23. (3) The tax imposed by this section or by section 28 is not payable in the case of goods that are purchased or imported by a manufacturer licensed under this Part or under section 129 of The Excise Act, and that are to be incorporated into and form a constituent or component part of an article or product that is subject to an excise tax under this Part or to an excise duty under The Excise Act.” ...

In February 1967 the respondent pleaded guilty to each of the said charges and was fined as follows on the charges in the first of the informations: 1960 — $10,000.00 1963 — 2,000.00 1961 — 2,000.00 1964 — 2,000.00 1962 — 2,000.00 1965 — 2,000.00 and was fined $5,000 on the charge in the other information. By Notices of Re-assessment made and dated May 2, 1967 (which, as already indicated, was subsequent to the laying of the informations) the Minister re-assessed the respondent for tax for each of his taxation years 1960 to 1965 and increased the tax for each of the years* [1] and, in addition and purportedly pursuant to Section 56(2) of the Act, assessed penalties as follows for the respective years: 1960 — $2,142.89 1963 — 3,954.95 1961 — 3,156.79 1964 — 4,035.89 1962 — 506.88 1965 — 2,336.85 The Minister had not prior to the said re-assessments on May 2, 1967 assessed or re-assessed the respondent for a penalty pursuant to either Section 56(1) or Section 56(2) for any or all of the said taxation years. ...

:—This is an appeal from a judgment of the Income Tax Appeal Board (23 Tax A.B.C. 233) which affirmed a reassessment with respect to the appellant’s income tax assessment for the year 1955 by which an amount of profits in the sum of $16,864.62 for the year 1955 realized on the sale of a number of oil and gas leases and rights was added to the taxpayer’s income for the above year as follows: For 1955 Interest received New Superior Oils re- ported in error $ 50.00 Interest received Western Tungsten & Copper Mines not reported in error 90.00 $ 140.00 Net gains Crown Petroleum & Natural Gas Reser- vations 513 & 514 $ 1,264.34 Crown Petroleum & Natural Gas Reser- vation 1268 2,976.40 Crown Petroleum & Natural Gas Reser- vation 1326 plus interspersed leases. 14,102.50 $18,343.24 Deduct lease rentals 1,618.62 $16,724.62 $16,864.62 The taxpayer, a professional consulting geologist, had, in the last twenty years, acquired rights to oil lands on twelve occasions for the purpose of having them explored, developed and then obtaining a royalty or a payment out of the oil or gas found. ... Judgment has today been handed down in case bearing number 160973 of this Court holding that the profit of the taxpayer from his oil and gas right transactions was profit from a business within the meaning of Sections 3 and 4 of the Act as extended by Section 127(1) (e), later replaced by Section 139(1) (e) of the same Act; that the taxpayer was entitled under Section 14(2) of the Income Tax Act and Section 1800 of the Income Tax Regulations, passed pursuant thereto, to produce an inventory of his properties on a fair market value basis which as of December 31, 1951, had the following fair market values: #730 $ 8,544.00 #513 2,177.00 #514 941.00 #1317 6,050.60 #1318 15,392.22 41,811.00 #1326 Shell Freehold 1,491.00 Imperial Freehold 7,091.00 #1268 45,922.40 C.P.R. 8,360.80 $137,721.02 and finally allowing the appeals with costs and referring the assessments back to the Minister to be revised accordingly. ...