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Lord Carmont, who agreed with the opinion of the Lord President, was apparently influenced by the same consideration as shown by the concluding paragraph of his opinion: ‘ i The money value of the renewal was relatively insignificant...” ...

But the real question is still what is its intrinsic character, and in the consideration of this question a descrip- tion due to the authority under which it is paid may well mislead.” ...

., (as he then was) when considering the meaning of the word ^magazines” as contained in the Special War Revenue Act, 1915, said: ""The word ‘magazine’ in the exception under consideration is used in its ordinary sense, and must be construed and applied in that sense.” ...

C.R. 376; [1954] C.T.C. 295 (later affirmed in the Supreme Court of Canada), I gave consideration to the meaning of the words ‘‘for the purpose of gaining or producing income from property or business of the taxpayer’’ as used in Section 12(1) (a) of The 1948 Income Tax Act, words which closely parallel those used in Section 1102(1) (c) of the Regulations. ...

One consideration may point so clearly that it dominates other and vaguer indication of all the guiding features which must provide the ultimate answer.” ...

After careful consideration of the whole of the evidence, in my view, the trustees by accepting the terms of the trust prescribed by the settlor in the trust document dated September 15, 1963, and by acting as fiduciaries pursuant to it during the lifetime of the decedent Hubert Harry Harshman, and by carrying out his intentions as evidenced by the said trust document and by his communications with them, constituted ‘‘at the time of the making of” the inter vivos gifts referred to in the evidence, an “organization in Canada’’ and at the time ‘‘of the death of the deceased’’, it was the same organization in Canada; that this organization at the time of the making of the inter vivos gifts was entitled to receive them and at this latter time, was legally entitled to claim the capital and income of the residue of the estate of the deceased subject to the provisions for encroachment in favour of the widow from the trustees under the will of the deceased; that this organization was ‘‘charitable’’ within the meaning of The Commissioners for Special Purposes of the Income Tax v. ...

Accordingly on April 15, 1964 the appellant released Shell from its obligations under the agreement in consideration of Shell paying to the appellant the sum of $75,000, with interest at 6% payable $20,000 annually. ...

The shares in the capital stock of Cardinal Plaza Limited were issued on the one hand to the appellant, her brother and her husband and on the other to John Dydzak in equal amounts for a nominal consideration. ...

Other considerations. entered into the purchase and subsequent sale of the shares but we need not go into these details as the parties have agreed that the gain realized was $70,000. ...

In evaluating the evidence, taken as a whole, the crucial consideration is whether I accept the testimony and explanations of Mario Collavino in respect of the intention and purpose of the appellant in acquiring the building initially and repairing and renovating it and selling it at the first opportunity, at a good profit, as being reasonable and credible and consistent with other proven facts on vital points. ...