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In this matter, I am proceeding I believe, along the same lines of examination Referring then to the testimony and evidence, only that which would be of value in making such a determination will be considered. ... The Court would also add that inventory of stock is not the only factor to be considered in such a reconstructed accrual method of arriving at a profit. ...

Part III — Law The applicable provisions of the Act that are in play are as follows: 5 (1) Subject to this Part, a taxpayer’s income for a taxation year from an office or employment is the salary, wages and other remuneration, including gratuities, received by him in the year. 6 (1) There shall be included in computing the income of a taxpayer for a taxation year as income from an office or employment such of the following amounts as are applicable: (a) the value of board, lodging and other benefits of any kind whatever... received or enjoyed by him in the year in respect of, in the course of, or by virtue of an office or employment. 56 (1) Without restricting the generality of section 3, there shall be included in computing the income of a taxpayer for a taxation year, (a) any amount received in the year as, on account or in lieu of payment of, or in satisfaction of, (vill) a termination payment. 248 (1) In this Act, “termination payment”, for a taxation year, means an amount equal to the lesser of (a) the aggregate of all amounts each of which is an amount received in the year in respect of a termination of an office or employment, whether or not received pursuant to an order or judgment of a competent tribunal, other than (i) an amount required by any provision of this Act (other than subparagraph 56(1)(a)(viii)) to be included in computing the income of a taxpayer for a year, (b) the amount by which 50% of the aggregate of all amounts each of which is the amount that may reasonably be considered to be the employee’s salary, wages and other remuneration from an office or employment for the 12 months preceding the date that is the earlier of (i) the date on which the office or employment was terminated, and (ii) the date on which an agreement, if any, in respect of the termination was entered into exceeds the amount determined under paragraph (a) for each previous year in respect of that termination whether the recipient is the officer or employee whose office or employment was terminated or a dependant, relation or legal representative of the officer or employee. ... If that date of the 17th of March is considered to be the date of notice to the applicant, was the city entitled to assume that the applicant had abandoned his right to a hearing? ...

As we discussed in subsequent meetings, Municipal policy is to discourage bare land strata plan proposals where conventional subdivisions are feasible, however, due to the configuration and location of the referenced lands, a bare land strata plan will be considered in this instance. ... When the Minister included the $30,000 in the appellant’s income for that year, he objected, contending that section 8(2) applied and the money should not have been considered taxable in his hands. ...

Keeping this self-interest and possible bias in mind I considered their evidence carefully and indeed with some initial skepticism. In addition to observing their demeanour while testifying I considered their power of recollection and narration. ...

In this case the Supreme Court considered the meaning of the phrase "ordinarily resident” in paragraph 9(a) of the Income War Tax Act which provided: 9. ... For example, could a master and servant relationship be considered to have been in existence between the appellant and the College while he was on sabbatical leave? ...

Counsel for the respondent made two basic points — first, that indeed the horse-racing operation was a “business”, since there were certain indications it had a reasonable expectation of profit (the number of horses, the increasing purses won, the general quality of the horses, etc); and second that in any event, if the proposition of the appellant was to be considered at all (advertising and promotion) that the horse-racing expenditures were just too remote from the salvage business to have any recognizable bearing on the profit of the appellant from that salvage business. ... It appears clear from the Income Tax Act that Parliament, in adopting generally applicable taxing provisions with respect to the three principal sources of income: employment, business and property, considered the particular circumstances of certain sources of income such as fishing, mining, the lumber industry and farming and passed special provisions for each of these resources. ...

The appellants did not report a capital gain on their 1981 income tax returns as they considered Elmhurst as their principal residence. ... Even though the point was not raised by the respondent, I have considered the words “to acquire” from paragraph 146.2(6)(a) and while it might be argued that making the down payment did not “acquire’’, in the sense of completing the purchase of the home, I believe that particular transaction (making the down payment out of the RHOSP funds) should be viewed as following along the continuum “to acquire” the home. ...

Section 9 of the Income War Tax Act (1917) was in issue in all of the foregoing cases with the exception of Rex v Fraser where section 39 of the Fisheries Act 1932 (Canada) c 42, an almost identical section, was being considered. ... Notwithstanding that distinction these cases are relevant and may properly be considered by this Court in the case at bar. ...

Other documents submitted and the exchange of telexes would indicate that if indeed $33,000 had been received by Expofoods (UK) it was not considered there as “income” of any description. Certainly if it was considered a deductible expense to the appellant in Canada, setting it off against some “balance” owing from Expofoods (Canada) would not have the effect of including it as part of income in UK — an essential ingredient if the ‘‘one entity” tax proposition of Mr Blauer and Mr Leiter is to be entertained. ...

Schreider had personally looked at the property, considered the risk, the type of mortgage, the interest rate, the rentals available and recommended that the appellant should consider advancing funds to the client. ... In deciding this issue the Court considered other cases relied upon by the appellant, including The Queen v Ensite Limited, [1983] CTC 296; 83 DTC 5315; The Queen v Marsh & McLennan Limited, [1983] CTC 231; 83 DTC 5180, as well as the decision of the Federal Court of Appeal in Canadian Marconi Company v The Queen, [1984] CTC 319; 84 DTC 6267. ...