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The following criteria should be considered: the profit and loss experience in past years, the taxpayer’s training, the taxpayer’s intended course of action, the capability of the venture as capitalized to show a profit after charging capital cost allowance. ...

I have considered the submissions made and the evidence and I cannot find any valid legal reason to conclude that these expenses are somehow deductible in 1992. ...

The Court having drawn such an inference then considered the effect of the provisions of section 118 and in particular subsection (4) thereof that, inter alia, provides that only one individual is entitled to a deduction under the section “for a taxation year in respect to the same domestic establishment”. ...

He therefore argued that permanent termination for health reasons should not be likened to or considered to be retirement since it is, so to speak, imposed on the recipient of the benefits, who must accept it. ...

Section 118.4(1) defines the procedure for applying s. 118.3 as follows: (1) For the purposes of subsection 6(16), sections 118.2 and 118.3 and this subsection, (a) an impairment is prolonged where it has lasted, or may reasonably be expected to last, for a continuous period of at least 12 months; (b) an individual’s ability to perform a basic activity of daily living is markedly restricted only where all or substantially all of the time, even with therapy and the use of appropriate devices and medication, the individual is blind or is unable (or requires an inordinate amount of time) to perform a basic activity of daily living; (c) a basic activity of daily living in relation to an individual means (i) perceiving, thinking and remembering, (ii) feeding and dressing oneself, (iii) speaking so as to be understood, in a quiet setting, by another person familiar with the individual, (iv) hearing so as to understand, in a quiet setting, another person familiar with the individual, (v) eliminating (bowel or bladder functions), or (vi) walking; and (d) for greater certainty, no other activity, including working, housekeeping or a social or recreational activity, shall be considered as a basic activity of daily living. ...

.- all amounts received by him in the year as an allowance for personal or living expenses or as an allowance for any other purpose, except The meaning of the word allowance has been considered in a multitude of decisions including Ransom v. ...

In arriving at the reassessments dated May 15, 1997 for the 1993, 1994 and 1995 taxation years the Minister took into account inter alia the following facts: (a) the appellant is retired; (b) in 1992 the appellant inherited the family home at 3550 Route Saint-Léonard in Shipshaw on her husband’s death; (c) on October 9, 1992 the appellant disposed of the family home to Daniel Bouchard for $33,370; (d) after disposing of the family home the appellant held a balance of sale in the amount of $33,370, which bore interest at an annual rate of 14.5%; (e) in December 1995 Daniel Bouchard sold the property to Benoît Girard and Nadia Touzin for $27,000; (f) in return for the sum of $20,000 the appellant agreed to give Daniel Bouchard a final release for the balance of sale encumbering the property, the amount of which at the time of the sale was $30,856.22; (g) at the time of his death the appellant’s husband owed a finance company an amount on a loan the purpose of which the Minister never learned; (h) the appellant negotiated a credit line with a banking institution in order to repay her deceased husband’s debt; (i) in calculating the appellant’s income, the interest she paid on her credit line was claimed against interest received on the balance of sale on the family home for the 1993 and 1994 taxation years under ‘‘Other income”: 1993 1994 interest on the balance of sale 4,638.08 4,530.47 less: interest on credit line 2,679.41 1,892.56 “Other income” 1,958.67 2,637.91 (j) for the 1995 taxation year the appellant, under “Professional income”, reported a loss of $9,227.91 established by the following calculation: 1995 interest on the balance of sale 4,044.61 less: interest on credit line 2,416.30 bad debts 10,856.22 13,272.52 net loss from profession 9,227.91 (k) the interest paid by the appellant on the credit line is not deductible since it does not result from a loan for the purpose of producing income; (1) the appellant’s ordinary business is not the lending of money; (m) the appellant’s claim in connection with the disposal of the family home is considered to be included in personal-use property; (n) in the Minister’s opinion any capital loss suffered in respect of personal-use property is nil. ...

Consequently clause D was to be considered to be of no effect and subparagraph 118(1)(b)(ii) must be read as if clause D had not been enacted. ...

Jurisprudence (L-92/R4480/T0/BT0) test_marked_paragraph_end (4470) 1.092 0936_1141_1273 The approach to the disability tax credit has recently been considered by the Federal Court of Appeal in Johnston v. ...

I have considered the submissions made and the evidence and I cannot find any valid legal reason to conclude that these expenses are somehow deductible in 1992. ...