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These assessments were based on section 160 of the Income Tax Act, which reads as follows: (1) Where a person has, on or after the 1st day of May, 1951, transferred property, either directly or indirectly, by means of a trust or by any other means whatever, to (a) his spouse or a person who has since become his spouse, (b) a person who was under 18 years of age, or (c) a person with whom he was not dealing at arm's length, the following rules apply: (d) the transferee and transferor are jointly and severally liable to pay a part of the transferor's tax under this Part for each taxation year equal to the amount by which the tax for the year is greater than it would have been if it were not for the operation of section 74, 75 or 75.1, as the case may be, in respect of any income from, or gain from the disposition of, the property so transferred or property substituted therefor; and (e) the transferee and transferor are jointly and severally liable to pay under this Act an amount equal to the lesser of (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and (ii) the aggregate of all amounts each of which is an amount that the transferor is liable to pay under this Act in respect of the taxation year in which the property was transferred or of any preceding taxation year, but nothing in this subsection shall be deemed to limit the liability of the transferor under any other provision of this Act. ...

The consideration recited in the transfer was natural love and affection and the sum of one dollar. ...

Certainly that is so, and when it is said that he has a right to have the trustees exercise their discretion “fairly” or "reasonably" or "properly" that indicates clearly enough that some objective consideration (not stated explicitly in declaring the discretionary trust, but latent in it) must be applied by the trustees and that the right is more than a mere spes. ...

The determination of whether or not a taxpayer is carrying on a business requires consideration of all the surrounding circumstances. ...

In applying this section, the first consideration is the rights of secured creditors. ...

The Court cannot be guided by considerations of equity in the application of a clearly worded unambiguous tax statute. ...

Ethicon Ltd. [1975] A.C. 396 at 407 and 409; [1975] 1 All E.R. 504 at 510 and 511: It is no part of the court’s function at this stage of the litigation to try to resolve conflicts of evidence on affidavit as to facts on which the claims of either party may ultimately depend nor to decide difficult questions of law which call for detailed argument and mature consideration. ...

In paragraph 50(1)(a) of the Act we find basically the same wording as in paragraph 11(1)(f) which was the provision under consideration by the Board in the Hogan appeal. ...

The scope of the subsection is not obscure for one does not speak of benefitting a person in the sense of the subsection by making a business contract with him for adequate consideration. ...

She took into consideration that her husband’s income was $10,136.45 in the calculation of the family income. ...