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The Minister's position is that the amounts are to be considered as a loan to Oakley, that when the account went bad the appellant incurred a capital loss in 1988 and that there can be no carry back of that loss against income in 1986 and/or 1987. ... The Queen, [1985] 2 S.C.R. 46, [1985] 2 C.T.C. 111, 85 D.T.C. 5373, extensively reviewed the jurisprudence and appropriate principles of law to be considered and applied to the determination of the classification of an expenditure as being either expense or capital. ...

I agree that I ought to consider the reassessment so that it will not be left in abeyance to the extent it may be considered a reassessment under the federal Act. ... To the extent that the reassessment of 1992 may be considered to have been issued pursuant to the federal Act, the appellant's appeal would succeed for the same reasons as her appeal against the earlier assessment. ...

Schwartz testified the amount of $400,000 was more or less picked from the air" although losses on stock options and of salary were considered. ... In such a case the amount must be considered as a whole.... The question is whether on the facts in the appeal at bar, an amount paid to settle a potential claim for damages is income for tax purposes. ...

Counsel for the respondent countered by pointing to a string of unbroken losses from 1985 through to 1993 and that the recent jurisprudence required a finding that the appellant's farm income was not and could not be considered to be a chief source of income. ... The Federal Court of Appeal then considered full farming losses in the case of Poirier Estate v. ...

This question was considered by the former Chief Justice Cardin of this Court, when he was chairman of the Tax Review Board, in Paolo Violi v. ... However, the testimony of these persons denying they had paid the appellant the alleged amounts would have had to have been considered by the Board if counsel for the appellant had seen fit to call them as witnesses to rebut the respondent's presumptions and discharge the onus of proof on him. ...

For the purposes of paragraph 62(1)(b) [formerly paragraph 47(1)(b)] of the Insurance Act, Regulation SOR/78-18, dated December 29, 1977 states the amount of the deduction that may be made with respect to acquisition expenses shall be the least of the following: (a) the actual acquisition expenses incurred; (b) the proportion of the unearned premiums that may reasonably be considered not to be required for the payment of claims and expenses other than acquisition expenses; and (c) 30 per cent of the unearned premiums. ... The phrase "in respect of" was considered by the Supreme Court of Canada in Nowegijick v. ...

The appellant should be considered a director in this case because everyone's mindset was applied and directed to that end. ... Rip, J. at pages 2274-78 (D.T.C. 1023-28) considered the validity of a notice of assessment virtually identical in wording (except the amounts and the names of the taxpayers) to the one at bar. ...

They admit that they did not have more than five full-time employees when considered separately but do meet the requirements of subparagraph 125(7)(e)(ii) when considered jointly. ...

By letter dated November 19, 1985, the defendant notified the plaintiff that adjustments to his income were being considered, including, among other things, the inclusion in his 1981 income of the $55,000 loan. ... Following representations by the plaintiff, by letter dated February 7, 1986, the defendant stated, among other things, that its position remained unchanged as to the loan being taxed under the provisions of subsection 15(2) of the Income Tax Act as the defendant considered the time for repayment unreasonable and that the appellant received the loan as a company shareholder rather than as an employee. 17. ...

If we considered only the wording of the agreement, we should probably conclude that the payment of the sum of $75,000 was in the nature of a retiring allowance within the meaning of subsection 248(1) of the Act. ... This question as to the true nature of a payment made to a person when he leaves a business in which he has a major financial interest was considered by the chief judge of this Court in Brodeur v. ...