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Giving full consideration to the evidence of Dr. Hall I cannot accept the proposition that it is the taxpayer's subjective purpose or intention which is to be determinative of this issue. ...

I think the principles used in deciding whether to grant a stay of proceedings, when there is an order to be stayed, are appropriate for consideration on an application under s.10(2)(b). ...

He asserted that this was the motivating consideration for Sperry Group International Inc. dealing with the appellant. ...

Moreover, I do not consider that a detailed analysis is called for in order to ascertain the meaning of the phrase “reasonably attributable” in the context of section 4 of the Indian Remission Order as occurred when the words “reasonably be attributed" in subsection 805(1) of the Income Tax Regulations* [4] were under consideration by the Federal Court of Appeal in The Queen v. ...

The appellant did, in any event adduce evidence showing the acquisition by the company of the second dwelling was motivated by business considerations and that the home was used extensively by the appellant for business purposes both as an office and for hosting potential investors. ...

., [1985] 2 C.T.C. 2054 at 2058-59; 85 D.T.C. 419 at 422, a judgment of Associate Chief Christie, which is an acknowledged state of the law and a concisely worded statement: 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... ...

Emphasizing that none alone are a determinative, I see as appropriate for a proper consideration of the issue in this case the following. ...

CLASS 3 (5 per cent) Property not included in any other class that is (a) a building or other structure, including component parts such as electric wiring, plumbing, sprinkler systems, air-conditioning equipment, heating equipment, lighting fixtures, elevators and escalators; CLASS 31 (5 per cent) Property that is a multiple-unit residential building in Canada that would otherwise be included in Class 3 or Class 6 and in respect of which (a) a certificate has been issued by the Canada Mortgage and Housing Corporation certifying (i) in respect of a building that would otherwise be included in Class 3, that the installation of footings or any other base support of the building was commenced (A) after November 18, 1974 and before 1980, or (B) after October 28, 1980 and before 1982, as the case may be, and (ii) in respect of a building that would otherwise be included in Class 6, that the installation of footings or any other base support of the building was commenced after December 31, 1977 and before 1979, and that, according to plans and specifications for the building, not less than 80 per cent of the floor space will be used in providing self-contained domestic establishments and related parking, recreation, service and storage areas; (b) not more than 20 per cent of the floor space is used for any purpose other than the purposes referred to in paragraph (a); (c) the certificate referred to in paragraph (a) was issued on or before the later of (i) December 31, 1981, and (ii) the day that is 18 months after the day on which the installation of footings or other base support of the building was commenced; and (d) the construction of the building proceeds, after 1982, without undue delay, taking into consideration acts of God, labour disputes, fire, accidents or unusual delay by common carriers or suppliers of materials or equipment. ...

In relation to the submissions made by counsel for the appellant with respect to the meaning of the word "mine”, she asserted that the meaning, when used in the context of the provisions now under consideration, may be different from that used in subsection 83(5) of the former Act and that, if the submission were correct, the appellant would not have acquired machinery or equipment for the purpose of producing income from the mine but, rather, that it would have acquired a mine. ...

This is because a number of facts taken into consideration by accountants are excluded by certain provisions of the Income Tax Act in determining of taxpayers’ profits. ...