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Up to the end of 1946 Section 4(g) of the Income War Tax Act read as follows: " " 4. ... It is only in respect of his membership that any person is entitled to be assured a payment upon death. ‘‘ Lord MacNaghten at p. 412 said: ° I do not think that that decision compels your Lordships to hold in a ease like the present, where the business is a mutual undertaking pure and simple, that persons who contribute in the first instance more than is wanted, and then get back the difference, are earning gains or profits, and so liable to income tax. ‘ In Jones v. ... Hills (1932), 147 L.T.R. 62, Lord Warrington at p. 65 said: " " Mutual insurance business is now perfectly well known. ...

In the auditor’s report dated May 7, 1956, attached to the financial statements of the appellant for the year ending March 31, 1956 the amount of $400,000 was dealt with in the following terms: ‘ ‘ Results for the year The operations of underwriting and miscellaneous trading resulted in a profit of $4,168,124.91, from which has been deducted a provision for market decline or losses of $400,000 and general expenses of $6,918.80.” The balance sheet in the financial statements as at March 31, 1956 contained a reference to the same item on the asset side as follows: ‘‘Marketable securities, valued at the lower of cost or market price $3,886,923.01 Less provision for market decline_ 400,000.00 $3,486,923.01” Counsel for the Minister submitted that the use of the term ‘ provision for market decline ’ ’ indicated that the appellant was setting up a reserve against a possible future contingency which would be prohibited by the provisions of the Income Tax Act. ... Greenwood prepared a document entitled ‘ ‘ Calculation of requirements for reduction to true market value’’ which was introduced as Exhibit 5. ...

In computing its taxable income for that year, the respondent claimed as a deduction the sum of $16,461.72, paid to the Minister of Hydraulic Resources for the Province of Quebec under the provisions of ‘ 1 An Act to Insure the Progress of Education’’, enacted by the Legislature of the Province of Quebec, 10 George VI, c. 21. ... In computing the amount of the profits or gains to be assessed, a deduction shall not be allowed in respect of (o) any corporation tax, as defined by regulation made by the Governor in Council, paid to the Government of a province or to a municipality. ’ ’ An appeal to the Income Tax Appeal Board was allowed, the Board being of the opinion that the ‘‘ Act to Insure the Progress of Education’’ did not impose a corporation tax, and that the Governor in Council in enacting P.C. 5948 exceeded the powers conferred on him by paragraph (o) of Section 6(1) of the Income War Tax Act, and that it was therefore ultra vires. ...

Then there is a second line of cases, so often referred to in support of cases where the Crown is claiming that the expendi- ture in question is one of a capital nature and not one made for the purpose of earning profits or gains, and I shall refer only to two or three of such cases, and the first one is that of Addie & Sons Ld. v. ... Kerwin and Hudson JJ. proceeded on the ground that the expenditure was " " a payment on account of capital, ‘ ‘ because it was made ‘‘with a view of preserving an asset or advantage for the enduring benefit of the trade’’. ... The Master of the Rolls there said: ‘ ‘ It is a payment made in the course of business, dealing with a particular difficulty which arose in the course of the year, and was made not in order to secure an actual asset to the company, but to enable them to continue, as they had in the past, to carry on the same type and high quality of business’’, and Lord Justice Sargent said that "‘it is quite impossible to put against the capital account of the company.... a payment of this nature. ...

of a corporation ‘‘as if’’ he owned certain shares in that corporation, does it follow that the person who during that period actually owned those shares is “deemed” to have had during that period “ the same position in relation to... control ’ ’ of that corporation ‘‘as if ” he did not own those shares? ... Inasmuch as subsection (dd) is an interpretation provision that may have operative effect in several different parts of the Act, it is not improper to consider first, in general terms (and without in- tendng to express any opinion concerning the precise effect of provisions relating to other problems), the background of the Act as a whole in so far as the concept of control ” of a corporation is concerned. ...

Atkinson, J. in his judgment said: p. 256 " " This is a question which has to be determined on the proper interpretation of this agreement. ... Credit for the payment of $977.36 was given to the appellant in the assessment for 1942 under the heading "‘other pay- ments applied on the assessment ’ ’. ... Viscount Cave, L.C. in giving judgment in the House of Lords said at p. 291: * " My Lords, the Income Tax Act provides that the duty under Sch. ...

Schedule III consists of a number of lists of articles or products grouped under headings such as “Building Materials’’, “Charitable, Health, ete.’’, ‘‘Coverings’’, “Diplomatic”, ‘* Engines’’, “Farm and Forest’’, “Foodstuffs” and “Machinery and Apparatus to be used in manufacture or production’’. ... Apart from the alleged estoppel it is, I think, clear that on the issue of whether in fact the humidifiers were ‘ partly manufactured goods’? ... There was accordingly in my opinion nothing to estop the Crown from denying in this action that the humidifiers in question were ‘ partly manufactured goods ’ ’ or from denying that the Minister had decided that the humidifiers were 1 ‘ partly manufactured goods’’. ...

To facilitate a proper understanding of this question, it is thought advisable to recite the actual language of the Bond, which reads as follows: ‘ 1 Series—T ‘*No. H071813 "CANADA’S VICTORY LOAN, 1918 $ $ “Dominion of Canada "‘War Loan. “15 years 512 Gold Bond. ...

That each case depends upon its own facts has been emphasized in Kelsall Parsons & Co. v. ... Short Brothers, Ltd., 12 T.C. 955; Kelsall Parsons & Co., [1938] S.C. 238. ... (supra) and Barr, Crombie & Co. (supra), in which the payment was held to be of a capital nature, with Short Bros, (supra) and Kelsall Parsons & Co. ...

Minister of National Revenue, [1957] CTC 146, 57 DTC 1098 / THORSON, P. ... The appellant is the president and principal shareholder of Alliance Advertising & Applied Arts, Inc., a Quebec corporation. ... It is the one thing which distinguishes an old established business from a new business at its first start. ‘ ‘ That the goodwill of a business is an item of property that can be the subject of sale is beyond dispute: vide Wedderburn v. ...