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Abugov and Sunderland impressed me favourably in giving their testimony, and there is nothing to suggest that they are not reputable and credible, and their evidence is uncontradicted, but even so their evidence must be considered and weighed with all other evidence objectively. ...

.- I have considered the manner in which the Fraser land was treated in the bookkeeping and accounts of the companies, but I do-not regard it as conclusive on the question whether the land was a long term capital asset. ...

However, the word there being considered was the word “controlled” as used in paragraph 39(4)(b) of the Act. ...

In cross-examination she said she had not considered putting any of the shares in the Miller company in the names of the children. ...

We find it difficult to understand why property abutting a railroad track could even be considered for dwellings, when it appears so logical an environment for industrial sites. ...

Portions of the Income Tax Act to be considered were: 12. (1) In computing income, no deduction shall be made in respect of (h) personal or living expenses of the taxpayer except travelling expenses (including the entire amount expended for meals ‘and lodging) incurred by the taxpayer while away from home in the course of carrying on his business, 13. (1) Where a taxpayer’s chief source of income for a taxation year is neither farming nor a combination of farming and some other source of income, his income for the year shall be deemed to be not less than his income from all sources other than farming minus the lesser of (a) his farmin loss for the year, or (b) $2,500 plus the lesser of (i) one-half of the amount by which his farming loss for the year exceeds $2,500, or (ii) $2,500. (2) For the purpose of this section, the Minister may determine that a taxpayer’s chief source of income for a taxation year is neither farming nor a combination of farming and some other source of income. (3) For the purpose of this section, “farming loss” means a loss from farming computed by applying the provisions of this Act respecting the computation of income from a business mutatis mutandis. 139. (1) In this Act, (e) “business” includes a profession, calling, trade, manufacture or undertaking of any kind whatsoever ‘and includes an adventure or concern in the nature of trade but does not include an office or employment; (p) “farming” includes tillage of the soil, livestock raising or exhibiting, maintaining of horses for racing, raising of poultry, fur farming, dairy farming, fruit growing and the keeping of bees, but does not include an office or employment under a person engaged in the business of farming; (ae) “personal or living expenses” include (i) the expenses of properties maintained by any person for the use or benefit of the taxpayer or any person connected with the taxpayer by blood relationship, marriage or adoption, and not maintained in connection with a business carried on for profit or with a reasonable expectation of profit, Counsel for the appellant referred to D C Matthews v MNR, [1972] CTC 2643; 72 DTC 1526, a matter before the Tax Review Board. ...

The words of Thorson, P in Cragg v MNR, [1951] CTC 322 at 327: 52 DTC 1005 at 1007, are appropriate in considering this case: There is, I think, no doubt that each of the profits made by the appellant could, by itself, have been properly considered a capital gain and the Court must be careful before it decides that a series of profits, each one of which would by itself have been a capital gain, has become profit or gain from a business. ...

It was then considered that:— WHEREAS the Company has made it a practice to pay ‘an annual fee to Mr. ...

The Court has already considered the Applicants’ arguments that the information should not be protected since it has not been treated as confidential by the Respondent and that it is already in the public domain in the context of Kiss. ...

According to this definition it is the situation in the last month of the taxation year in respect of which the expression is being applied that must be considered. ...