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Paragraph (a) of subsection (5) of Section 127 refers to transactions between a corporation of the one part, and a person or one of several persons by whom it is directly or indirectly controlled of the other part, and as the transaction under consideration was between two corporations, viz., the respondent new company and the old company, paragraph (a) has no application. ...

Since the dispute arises from a difference of opinion on the construction of these enactments their precise terms require careful consideration. ...

Sections 86(1) and 89(1) of the Excise Tax Act read in part as follows: “86. (1) There shall be imposed, levied and collected a consumption or sales tax of eight per cent on the sale price of all goods (a) produced or manufactured in Canada (i) payable, in any case other than a case mentioned in subparagraph (ii), by the producer or manufacturer at the time when the goods are delivered to the purchaser or at the time when the property in the goods passes, whichever is the earlier, and (11) payable, in a case where the contract for the sale of the goods (including a hire-purchase contract and any other contract under which property in the goods passes upon satisfaction of a condition) provides that the sale price or other consideration shall be paid to the manufacturer or producer by instalments (whether the contract provides that the goods are to be delivered or property in the goods is to pass before or after payment of any or all instalments), by the producer or manufacturer pro tanto at the time each of the instalments becomes payable in accordance with the terms of the contract; 89. (1) The tax imposed by Section 86 does not apply to the sale or importation of the articles mentioned in Schedule III.” ...

Browne, president of two corporations dealing in imports from the United States, travelling in the United States, constantly meeting customs officials and having at least some knowledge of the regulations under which imports could be made into Canada, I find myself unable to agree that any consideration should be given under these circumstances. ...

The one matter remaining for consideration is Item (a) — a 1949 Chrysler car. ...

I have given as careful consideration as I can to this question which is not free from difficulty and have come to the conclusion that it would not be fair to decide that Mr. ...

It kept no running inventory account of goods in the hands of the dealers; at the end of the year in valuing its inventory it took into consideration only the goods on hand in its own warehouse. ...

The determination of the appeal involves consideration of Section 26 (1) (d) of the Income Tax Act, 8.0. 1948, c. 52, as amended in 1949, which reads as follows: (26. (1) For the purpose of computing the taxable income of a taxpayer for a taxation year, there may be deducted from the income for the year such of the following amounts as are applicable: (d) business losses sustained in the 5 taxation years immediately preceding and the taxation year immediately following the taxation year, but (i) an amount in respect of a loss is only deductible to the extent that it exceeds the aggregate of amounts previously deductible in respect of that loss under this Act, (ii) no amount is deductible in respect of the loss of any year until the deductible losses of previous years have been deducted, and (iii) no amount is deductible in respect of losses from the income of any year except to the extent of the lesser of (A) the taxpayer’s income for the taxation year from the business in which the loss was sustained, or (B) the taxpayer’s income for the taxation year minus all deductions permitted by the provisions of this Division other than this paragraph or section 25.” ...

:—This is an information, exhibited by the Attorney-General of Canada, whereby it appears, inter alia, that the defendant is the Minister of Agriculture for the Province of Quebec, receiving as such, a salary (R.S.Q. 1909, sec. 574), of $6,000, and an indemnity of $1,500 as a member of the Legislature, and that in computing the amount of income tax for which the defendant is claimed to be liable for the year 1917, the said sums have been taken into consideration and account, showing in the result a liability to the Crown, for such income tax, of the sum: of $210. ...

Now, coming to the consideration of the case under sec 11 of the Taxing Act, it will be necessary to ascertain the actual position, under the will, of the parties sought to be taxed. ...