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The respondent argued that the profit had resulted from a well- organized and documented endeavour to search for and, if possible, realize a gain upon any items of value to be found in connection with the deep-sea diving pursuit. ...

Subparagraph 110(9)(b)(i), in my view, deals with any form of recompense for expenses in connection with the program, but it is far from certain that this should be extended to also cover an amount treated by an employer as salary or wages. ...

(See Exhibits A-2 to A-6 inclusive, which are photographs of the connection of the pipeline to the plant at Sarnia, Ontario, and of the wellhead structure as well.) ...

In the case of Losey v MNR, [1957] CTC 146; 57 DTC 1098, at page 152 [1101] Thorson, P states as follows: But the value of the goodwill of a business is what a purchaser would be willing to give for the chance of being able to keep the connection of which it consists: vide Austen v Boys (1858), 11 De G & J 626 at 635; Lindley on Partnership, 10th ed, p 523. ...

In the final paragraph Mr Fisher states as follows: It has been established by the Courts in a large number of cases that, where there is any doubt in connection with the application of the provisions of any legislation enacted by parliament, that doubt should redound to the benefit of the taxpayer rather than that of the taxing authority. ...

The issue in this case concerns not so much the quantum of the amounts claimed as their nature and application in connection with the provisions of paragraphs 11 (1)(l) and 11(1)(la) of the old Income Tax Act, which read as follows: 11. (1) Notwithstanding paragraphs (a), (b) and (h) of subsection (1) of section 12, the following amounts may be deducted in computing the income of a taxpayer for a taxation year: (I) an amount paid by the taxpayer in the year, pursuant to a decree, order or judgment of a competent tribunal or pursuant to a written agreement, as alimony or other allowance payable on a periodic basis for the maintenance of the recipient thereof, children of the marriage, or both the recipient and children of the marriage, if he was living apart from, and was separated pursuant to a divorce, judicial separation or written separation agreement from, his spouse or former spouse to whom he was required to make the payment at the time the payment was made and throughout the remainder of the year; (la) an amount paid by the taxpayer in the year, pursuant to an order of a competent tribunal, as an allowance payable on a periodic basis for the maintenance of the recipient thereof, children of the marriage, or both the recipient and children of the marriage, if he was living apart from his spouse to whom he was required to make the payment at the time the payment was made and throughout the remainder of the year; Counsel for the respondent argued that, since these sections represent a departure from the general principles of income taxation, they should be strictly interpreted, and he correctly maintained that all the conditions contained in the sections cited above, of which there are five, must be met. ...

However, the legal and accounting activities, including the preparation of the private bill to revive the corporation, the drafting of the Notice of Objection to the reassessment, and the necessary consultations in connection with these various actions, required the time and services of professional experts and cost a considerable amount Of money. ...

I was not satisfied that the evidence in connection with these items proved that they were in the nature of repairs, and I am of the opinion that they should be treated as a capital expenditure. ...

Certainly the Bank Act gives wide powers to the chartered banks in connection with commercial transactions but it does not, either expressly or impliedly, limit or abrogate the taxing power of the Crown ‘within the provisions of the Excise Tax Act. ...

The following provisions of the Estate Tax Act* [1] should be considered in connection with this appeal: 7. (1) For the purpose of computing the aggregate taxable value of the property passing on the death of a person, there may be deducted from the aggregate net value of that property computed in accordance with Division B such of the following amounts as are applicable: (a) the value of any property passing on the death of the deceased to which his spouse is the successor that can, within six months after the death of the deceased or such longer period as may be reasonable in the circumstances, be established to be vested indefeasibly in his spouse for the benefit of such spouse, except any such property comprising a gift made by the creation of a settlement or the transfer of property to a trustee in trust; (2) For the purposes of paragraph (1)(a), any superannuation, pension or death benefit payable or granted (a) out of or under any fund or plan established for the payment of superannuation, pension or death benefits to receipients, or (b) out of the revenue of Her Majesty in right of Canada or a province or under or subject to any Act of the Parliament of Canada or of the legislature of a province, to the spouse of a deceased on or after the death of the deceased in respect of such death, subject to a provision that such benefit ceases to be payable to such spouse if he remarries, shall not, by reason only of such provision, be considered not to be vested indefeasibly i in him. 62. (1) In this Act “settlement” includes (a) any trust, whether expressed in writing or otherwise, in favour of any person, and, if contained in a deed or other instrument effecting the settlement, whether or not such deed or other instrument was made for valuable consideration as between the settlor and any other person, and (b) any deed or other instrument under or by virtue of which a usufruct or substitution is created or any real property or estate or interest therein stands limited to any persons by way of succession: As I see the matter, there are two hurdles that the appellant must surmount to succeed in this appeal, viz: (a) it must be established that the “property” the value of which it is wished to deduct under paragraph 7(1)(a) was not “property comprising a gift made by creation of a settlement” (which by definition includes an “instrument under or by virtue of which... a substitution is created”) so as to be excluded from paragraph 7(1)(a) by the concluding words thereof, and (b) it must be established that the “property” the value of which it is wished to deduct under paragraph 7(1)(a) was “vested inde- feasibly” in the widow “for the benefit of” the widow, or, as it is put in the French version, that the property was “dévolus irrévocablement à son conjoint au profit de ce dernier”. ...