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(SN p 90); (j) Quadra had not repurchased its own shares (SN p 91); (k) He assumed that the evaluation of the equipment was correct (SN p 92); (l) The amount of $2,850 was considered in the books as “payable wages”. ... Butcher admitted that the value of Mahar’s shares was 66% of $21,613 (paragraph 3.12-e). 4.2.7 As evidence was not given to the effect that Butcher paid Quadra for the assets transferred to Mahar, the balance of $12,009 must be considered as income in the hands of Butcher according to subsection 15(2). ...

The respondent further contended that legal expenses for its defence against a winding up action had no bearing on the appellants’ day to day operations and could not be considered as having been incurred for the purpose of producing income. ... From the case law cited, it would appear that legal fees directly related to and expended for the creation or the preservation of a specific capital asset or assets, are generally considered to be capital in nature. ...

Further credence to this position is given in Interpretation Bulletin #145 which when talking about FISHING states.. any activities carried out to prepare fish for market such as... freezing... are considered to be processing activities.” ... Federal Farms Ltd (DTC 66/5069) was considered to be processing when it put potatoes and carrots into bags. 2. ...

August 30, 1976 (Sgd) E Kein Date Co-ordinator Dr Jevons noted for the Board that while it was not considered necessary or proper by U of T to monitor the performance of a lecturer such as the appellant in view of his professional background, assumed integrity and dedication, nevertheless the authority so to do rested with the University in the event that complaints were received, and action contemplated. ... This was noted in Molot (supra), [1978] CTC 2183 and 77 DTC 120, in the following way and is equally applicable to this case: In the instant case control existed to whatever degree considered adequate and advisable by the University, over its full-time staff, and the evidence does not support the view that it was further diluted or, as alleged, eliminated entirely to accommodate the particular circumstances associated with part-time staff. ...

The appellant testified in the same way (SN p 26). 3.08 On March 11,1976, the appellant wrote to Nisbet Lodge (Exhibit A-3) to object to the deductions (income tax, CPP and UIC) of $6,410.33 because “This settlement then can be considered as damages rather than income and not subject to income tax.” ... This Board does not see how all those payments could have been considered: as remuneration or partial remuneration for services as an officer or under the contract of employment, The appellant indeed would not have worked anymore for Nisbet Lodge. ...

By letter dated July 27, 1978, the appellant requested a determination of loss under subsection 152(1.1) of the Income Tax Act and by the notice of confirmation by the Minister as aforesaid: The Honourable the Minister of National Revenue having reconsidered the notice of determination and having considered the facts and reasons set forth in the notice of objection hereby confirms the said notice of determination as having been made in accordance with the provisions of the Act and in particular on the ground that the non-capital loss in the amount of $220,457 has been properly determined within the provisions of subsection 152(1.1) of the Act and on the ground that $405,000 claimed as a deduction on account of interest paid is not an allowable deduction from income within the meaning of paragraph 18(1)(a) and 20(1)(c) of the Act. ... The latter company, a Canadian public company which operated a fleet of heavy equipment, was considered to have had a most promising business future due to the proposed construction of an oil or gas pipeline to be constructed in the western provinces. ...

The circumstances which are considered relevant by the Appellant include the fact that she became a director at the request of her son, who was himself a director and the manager of the business. ... R., [1993] 2 C.T.C. 2825, 93 D.T.C. 1212 (T.C.C.), Bonner J.T.C.C. considered Pidskalny. ...

.: — It was agreed at the outset that evidence given in one would be considered in the other where applicable. ... The Minister issued a refund cheque in the name of the Company on April 1, 1993 and mailed it to what he considered to be the Company’s authorized representatives for the 1992 taxation year, whose address was the same as that appearing on the Company’s tax returns. ...

The reassessments were made beyond the normal reassessment period and concern the acquisition and sale of shares in circumstances that were considered by the Minister to be indicative of trade. ... Only the dealings in the Punters shares were considered to be on income account because of the Appellant’s extensive and active involvement in their trading. ...

This was also a Notice of Objection for the 1991 and 1992 taxation years and was so considered by Revenue Canada. ... The Court is satisfied that the Appellant reasonably concluded that this new information was being considered by the Minister and he could not have been expected to act differently than he did when he was confronted with the next letter from Revenue Canada dated January 26, 1994 indicating that they had not received a response and would reassess him shortly. ...