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Helmers had also considered Mr. Robertson's sales 2, 3 and 4. They were his sales 5 and 6. ... Robertson had not considered. The net effect is that Mr. Helmers opined V-Day value (Mr. ... Helmers considered a greater section of farm land some eight miles north of the subject as at the high range. ...

"La Ferme": The farm, which the appellant considered to be a business, is located in St. ... Both had been inactive for years and these cannot be considered to be operating expenses. ... Quentin if the deduction of this expense can be considered to be justified. ...

All that was considered was that the development would be phased over a period of years. ... Wakelin said that they were surprised by the generosity of the offer but never seriously considered it, because they intended to develop and rent the property. ... Aside from three or four very basic sketches prepared by Fletcher (Exhibit A-10) no other plans were prepared or considered. ...

Its location was considered to be excellent and Wall Construction hoped to eventually build a new plant thereupon. ... R-1 and A-4) indicate that an application for rezoning would be premature and that industrial development was not considered to be as likely in the near future as sug- gested by Mr. ... Notwithstanding that fact, on August 29, 1975 an offer was received and was seriously considered by the directors of the appellant. ...

Telephone's application for any telephone rate increase and that this cost is considered when a rate increase is granted. ... Telephone considered both its needs and those of the other corporations. ... Although the Courts have considered the term “ordinary course of business" on many occasions,! ...

The latter is determined by facts ordinarily external to the will of an individual, the former depends upon his will. 4.03.2 This does not mean, however, that the intention cannot be considered. ... In the Kallos, (supra), case, intention was explicitly considered. In the Canadian Tax Reporter at 2045, one can read: However, although the individual’s motives and intentions are relevant factors in determining residence they are not essential or conclusive. ... Also as in the present case, Mr Justice Noël considered the facts that the taxpayer visited his family in Toronto three times: The three visits made by the appellant during the period under review were, as far as the Christmas visit is concerned, of such a singular occurrence and as far as the stopovers, of such a transitory and incidental nature, that I fail to see how this could be construed as implying residence in Canada. ...

However, Mr Fordham made the following comments which may be considered as an obiter dictum: However, what has been said in the last two paragraphs is not, without more, determinative of what is in issue. ... However looking at this, more deeply, it seems to me that pursuant to 15(2)(b) the account “Advances to Shareholders” must be considered as loans only at the end of the financial year of the company and it is only then that a series of loans and repayments must be considered. ... Therefore the loan must be considered as it is at the end of the lender’s year and not during the said year: hence, the series of loans and repayments, that the legislator wishes to present seems rather to be those which occurred after the end of the year of the company. ...

What is the line which separates the two classes of cases may be difficult to define, and each case must be considered according to its facts; the question to be determined being — Is the sum of gain that has been made a mere enhancement of value by realising a security, or is it a gain made in an operation of business in carrying out a scheme for profit-making? It is not so much what the taxpayer says his intention was in acquiring the property, it is what he did that must be considered, and all factors antecedent and subsequent to the transaction in question must also be carefully considered. Though there may have been a series of sales and a series of profits which might individually be considered capital gains, the whole course of conduct of the taxpayer must be considered and his avowed intention at the time of acquisition must be tested against all of the surrounding facts. ...

The grants are intended for professional artists; that is, those who have finished basic training or have the necessary competence to be considered as professionals within their discipline. ... (b) The appellant is considered as a very professional fine art artist of high quality. ... The quality of the appellant’s work, his degree of experience, and exposure are elements which were considered when the Burton Gallery made the decision to take him. ...

By reassessment, notice of which was posted on the 13th day of July, 1978, the Minister of National Revenue determined, inter alia, that the said amount of interest of $2,323,140 (Canadian) was not properly includable in computing the foreign investment income of the plaintiff for its 1976 taxation year on the basis that “interest earned on term bank deposits in Philippine banks totalling $2,323,140 is considered income from property used or held by the corporation in the year in the course of carrying on a business and therefore, not investment income eligible for a refund of Part I tax”. ... The Board made the following findings: that these were fundamentally investment transactions; that since the taxpayer was not in the investment business, these transactions could only be considered “integral” if the specific function under review formed a necessary part of the whole operation, ie, that it provided a significant impact on the total revenue produced, which it did not; that these investments were subsidiary or ancillary to the taxpayer’s main business and the return was therefore Canadian investment income as defined by subsection 129(4). ... As loans it seems to me that they must prima facie be loans on capital not revenue account; which perhaps is only another way of saying that they must prima facie be considered as part of the Company’s fixed and not its circulating capital. ...