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Case law presented by the parties included some items directly related to expenses claimed from “employment income” and I have eliminated them from my consideration. ... Second, counsel for the Minister in argument has virtually conceded that some consideration for "rent" should be permitted- but only a lesser portion of the residence. ...

Reference was made in particular to the following expressions and terms: "Arrangement of Financing Fee”, which definition embodies a reference to Article 4.01(b)(iii), "First Time Write-Offs", commonly known as soft costs, which includes eight specific elements, “Initial Rent-up Fee”, "Landscaping Fee", "Total Price", which is defined as meaning "the purchase price for the Land Unit plus the contract price for the development of the Project and the First Time Write-Offs", "Take-out Fee”, which refers to the fee charged by the Project Manager in consideration of its undertaking to assume all interest on all mortgages registered against the unit or units to be transferred to the appellant until the date of substantial completion of the Project. ... The introductory portion of paragraph (b) of the latter Article reads as follows: In consideration of the Initial Rent-up Fee, the Take-out Fee, the Arrangement of Financing Fee, and the Landscaping Fee, respectively, which fees form a portion of the First Time Write-Offs (which write-offs are part of the Contract Price as hereinafter set forth and are deemed to be earned by the Project Manager and payable by the Owner upon the execution of this agreement), the Project Manager covenants as follows:... ...

Subsection 248(1) of the Act reads as follows: “registered pension plan" means an employees' superannuation or pension fund or plan accepted by the Minister for registration for the purposes of this Act in respect of its constitution and operations for the taxation year under consideration. ... M.N.R., [1969] C.T.C. 581; 69 D.T.C. 5385, Kerr, J. of the Exchequer Court of Canada stated at 594 (D.T.C. 5392-93): Coming now to consideration of the question of the character of the transaction or arrangements by which the payments in question were made, it is well settled that in considering whether a particular transaction brings a party within the terms of the Income Tax Act its substance rather than its form is to be regarded, and also that the intention with which a transaction is entered into is an important matter under the Act and the whole sum of the relevant circumstances must be taken into account. [...] ...

It is decidedly not a pure quantum measurement, however quantum must be taken into consideration. In taking all of the foregoing into consideration the Court finds that farming was not the chief source of income of the appellants, nor was farming and some other source of income [their] chief source of income. ...

The following are, as it seems to me, some of the considerations which may properly be taken, into account in making such a determination. ... See also Trottier, [1968] S.C.R. 728; [1968] C.T.C. 324; 68 D.T.C. 5216, at 327 (D.T.C. 5219):. it appears that the agreement between the parties was not that the husband should pay his wife a periodic allowance for maintenance and that his agreement to do so should be collaterally secured by a second mortgage; it was rather a release by her of all her claims for an allowance and the giving by her (in paragraph 4 of the agreement) of an irrevocable power of attorney to bar her dower in her husband's lands in exchange for a single consideration, the giving of the mortgage for $45,000. 8 The actual deductions claimed, which presumably included interest, were $27,000 in 1982 and $31,757 in 1983. ...

A consideration of statements in Articles of Incorporation regarding the objects of the corporation or restrictions on the businesses it may carry on is not helpful. ... If an individual who is an appellant has a history of trading in real estate or if the appellant is a corporation that is controlled by such a person, this is a relevant consideration which points away from the purchase in issue being made with the primary intention of securing an income-producing asset: Vaughan Construction Company Ltd. v. ...

There is absolutely no evidence that the Pillings gave any consideration to the corporation's obligations under the Act or of their personal liability. ... Payment to the respondent appears never to have been a consideration on the part of the Pillings; the attitude of Mr. ...

. — The Appellant submits that the amount of $26,246.68 is properly deductible in computing her income for tax purposes pursuant to the provisions of section 61 of the Act as said amount constitutes part of a single payment received by her upon her retirement as an employee in recognition of long service and which amount was paid by her as consideration for an income averaging annuity contract within the time prescribed by the Act. ... Berlinski had done everything suggested to her by her advisors—that she retired after the sale of the business, and was entitled to consideration based on her long service. ...

The situation under consideration in the Halliburton, supra, case was, Mr. ... There is no indication whether the author of the Bulletin is qualified to interpret legislation or whether he was influenced in reaching the opinions expressed in the Bulletin by considerations which have no proper place in the process of statutory interpretation. ...

According to subsection 20(21): Where a taxpayer has in a particular taxation year disposed of a property that is an interest in a debt obligation for consideration equal to its fair market value at the time of disposition, there may be deducted in computing his income for the particular year the amount, if any, by which (a) the aggregate of all amounts each of which is an amount that was included in computing his income for the particular year or a preceding taxation year as interest in respect of that property exceeds the aggregate of all amounts each of which is (b) the portion of an amount that was received or became receivable by him at or before that time as can reasonably be considered to be in respect of an amount described in paragraph (a); or (c) an amount in respect of that property that was deductible by him by virtue of paragraph 14(b) in computing his income for the particular year or a preceding taxation year. ... Cohen thus submits that in 1985 he disposed of Canada Savings Bonds, a debt obligation, for consideration equal to its fair market value at the time and has calculated an amount he may deduct pursuant to subsection 20(21) as follows: Paragraph 20(21)(a) Amounts included in income for 1985 and preceding years as interest: 1979 to 1984 $ 9,297.00 1985 — original interest 1,495.00 — bonus interest from cash bonus (one half of $2,266.60) 1,133.30 Sub-Total $11,925.30 Paragraph 20(21)(b) Interest received at the time of disposition in 1985: — original interest $ 8,173.90 — bonus —'(other than any amount of interest, bonus or principal agreed to be paid at the time of issue of the bond under the terms of issue of the bond)' equals $4,884.70, one-half of which is interest per section 12.1 of the Income Tax Act 2,442.35 Sub-Total $10,616.25 Excess of paragraph 20(21)(a) of the Income Tax Act over paragraph 20(21)(b) of the Income Tax Act to be deducted from the appellant’s 1985 interest income reported $1,309.05 The $9,297.00 includes $2,618.10 of cash bonus. ...