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As far as I know, the precise significance of these various expressions in Section 12(1) (b) has not been the subject of judicial consideration. ... I do not overlook the fact that the respondent placed emphasis on various other factors as deserving some consideration. ... In my view, the information received by the appellant here, in consideration of the expenditures in dispute, is not such an “advantage” of an enduring benefit to the taxpayer’s business. ...

The authorized capital of the Company consists of 20,000 preferred shares of the par value of $1 each and 10,000 shares with- out nominal or par value, the maximum consideration for which shares can be issued being $1 per share. ... The appellant admitted in his testimony that he was the only shareholder who injected capital into the Company, the consideration for the issuance of shares to him being the transfer of assets owned by the appellant to the Company. ... The operation of the trailer court was temporary in nature and was terminated well before the taxation years here in question so that the revenues therefrom and expenditures in connection therewith do not enter into the consideration of the present appeals. ...

The considerations prompting the transaction may be of such a business nature as to invest it with the character of an adventure in the nature of trade even without any intention of making a profit on the sale of the purchased commodity. ... It is what he did that must be considered and his declaration that he did not intend to make a profit may be overborne by other considerations of a business or trading nature motivating the transaction. ... As emphasized in that case, declarations as to intention must be scrutinized with great care and the main consideration js what was actually done. ...

Telle est l’opinion qu’il émet à la page 31 de la pièce A-4 et je cite: “Si cette remise était une pure remise de dette sans autres conditions et sans autres considérations, je dirais, me rangeant avec la Cour d’Echiquier dans la cause de Davie, que mon confrère a citée, je dirais que ces paiements ou remises en acompte de capital ne sont pas du revenu...” ... In deciding upon the meaning of income, the Courts are faced with practical considerations which do not concern the pure theorist seeking to arrive at some definition cf that term, and where it has to be ascertained for taxation purposes, whether a gain is to be classified as an income gain or a capital gain, the determination of that question must depend in large measure upon the particular facts of the particular case.’’ ... On appeal, he contended that the sums, being received only in reimbursement of capital expenditure incurred and as lump sums in consideration for accepting a restriction in future trading rights, were in the nature of capital receipts. ...

Before turning to a consideration of the applicable law, it will be convenient to summarize briefly the basic facts, none of which are in dispute. ... Upon first consideration and since Mrs. Evans received only income from her right, the expenditures might seem to have been made not on account of capital but on account of income. ... While the decisions in the Dominion Natural Gas and the Siscoe Gold Mines cases were referable to the provisions of Section 6 of the Income War Tax Act, I am of the opinion that they are equally applicable to the section of the Income Tax Act now under consideration so far as the facts of this case are concerned. ...

On November 7, 1947, the sisters, for a sum of $5,000 and other considerations, gave a 30-day option to George H. ... In my mind, whatever rights or interests the three sisters had in the lands or hydrocarbons, thereon or therein, were transferred, for the aforesaid consideration, to the Syndicate. ... For the above mentioned consideration, they renounced to any share in the gross production of hydrocarbons from the said lands and agreed that the lease between Andrew Sereda and California Standard Company was valid. ...

Under the circumstances, it is desirable to refer to the evidence bearing on the appellant’s reasons for incorporation and how the consideration of $85,000 for the assets of the registered proprietorship was arrived at. ... The amount placed on the books of the corporation for it was $76,262.48 but this was merely the result of a mathematical computation, being the difference between $8,737.52, the agreed value of the fixed assets, and $85,000, the amount of the consideration for which the appellant sold the assets of his business to the corporation. ... In my opinion, it had no bearing on the kind of goodwill here under consideration. ...

Moe Becker of Mount Vernon, New York, the appellant was incorporated by letters patent issued under the Companies Act of the Province of Ontario on the 29th day of November, 1946, with head office in the City of Toronto in that Province, and with a capital divided into 100 Class “A” 5 per cent Cumulative, Redeemable Preference Shares at a par value of 5,000.00 15,000 Class “B” Preference Shares of No Par Value 15,000.00 30,000 Common Shares of No Par Value 30,000.00 $50,000.00 The 100 shares of Class ‘‘A’’ preferred stock were issued for cash considerations in the following proportions: Lorne Sandi- ford, 20%; Memory Lane Limited (a Canadian corporation controlled by Moe Becker and his associates), 20%; Moe Becker, 60%. ... Moe Becker, president of the company, was called as a witness and, while his evidence with reference to the distribution of the shares of the company and his personal undertakings with the Industrial Development Bank and the Dominion Bank was vague and in some respects contradictory, the following appear to be the facts: The only amount of cash put into the capital of the appellant was $5,000.00, the amount paid for the Class ‘‘A’’ preferred stock, and the 15,000 Class “B” preferred sshares and the 30,000 common shares were issued for considerations other than cash, viz., the assignment of reproduction rights, franchises and good will. ... Interest is paid by a borrower to a lender: a sum paid to a third person as the consideration for guaranteeing a loan cannot be so described. ...

I have now to consider the balance of the transactions which I have earlier described, sales of retreaded tires made from stock to the public, and the trading or exchanging of old tires for newly retreaded tires held in stock, the additional consideration being the usual charge for retreading the customer’s tire. ... The way in which the latter transactions are carried out may differ, the form of the consideration may differ, but the substance of the transaction is the sale of a retreaded tire. The receipt of the old tire as part of the consideration in the second mentioned class, does not, I think, negative the idea of a sale. ...

Now in CONSIDERATION of the marriage THIS DEED witnesseth as follows: Transfer of Assets to Wife ‘‘6. ... Counsel for the appellant put forward two arguments, one of which was that only transfers made to evade taxation are covered by sec. 32(2); that it does not apply to transfers made for valuable consideration; that if the transfers made by the appellant in this case can be regarded as transfers from a husband to a wife, as contended on behalf of the respondent, such transfers were not made for the purpose of evading taxation but for the valuable consideration of marriage and are not covered by the section. ... I find no ambiguity in the words of section 32(2) and see no reason for restricting its application to transfers made for the purpose of evading taxation; nor am I prepared to hold that a transfer made for valuable consideration is necessarily excluded from its scope. ...