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If this plan was ever seriously considered it was quickly abandoned. There is clear evidence that, at least as early as November of 1986, plans for demolition of the building at number 3540 had been made. ... He therefore considered that the buildings added nothing to the value of the land in the market place. ...

The respondent points out that much of the travel relates to trips from Renfrew, where Pearl-Anne lived, to Ottawa and back and that a large portion of those trips should be considered as personal driving to and from work as opposed to driving while working. ... In that event the $15,375 would be considered as replacement financing and the interest thereon would normally be deductible. ...

I really don't know. 7. although 80 acres can be considered large for a residential property, the testimony was that the appellants intended to use the excess land for grain crops to aid in feeding the quarter-horses and llamas as was done on the Wildwood property. ... This would certainly not seem to be sufficient real estate activity to have the appellants considered as traders experienced in real estate. ...

A notice of assessment was issued against the appellant on August 28, 1990 as the respondent considered that the capital gain made on the disposition of shares of the corporation 2329-2808 Québec Inc. by the appeilant was not qualified farm property as defined in subsection 110.6(1) of the Income Tax Act, R.S.C. 1952, c. 148 (am. ... In Berneche Mahoney J.A. interpreted the meaning of this requirement as follows at pages 388-89 (F.C.): While the first requirement is often stated in terms of an agreement or admission of facts because that is the context in which the application is being considered, what is required is that the facts material to the question of law not be in dispute. ...

The respondent's expert considered also the capitalization of earnings approach. ... In order to assess the degree of risk, the following factors must be considered: general economic and market conditions prevailing, industry and market comparisons, financial condition of the business under review, and the qualitative assessment of the operations of the business. ...

For the purpose of this order I have considered two separate aspects of the hearing: (a) solicitor-client costs on respondent's motion to amend pleadings; and (b) solicitor-client costs for the trial proper. 1, Solicitor-client costs on respondent's motion to amend pleadings This motion arose on the eve of the fifth day of trial when the respondent informed counsel for the appellant that the respondent was seeking to amend her reply. ... Such an amendment at a late stage was considered and refused in the case of The Queen v. ...

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. ... Desjardins, J.A. for the Court said at page 288 (D.T.C. 5155): Start-up costs...cannot be considered as the basis for an alternative ground of decision. ...

I will quote from the F.C.A. reasons for judgment at pages 31-33 (D.T.C. 5250-51): With respect to the taxable benefit submission, jurisprudence in this Court and in the Tax Court of Canada has confirmed that employees in the position of this defendant, facing this kind of transfer decision, are entitled to be financially restored to similar circumstances related to their previous residence without it being considered a taxable benefit. ... On the other hand, I am not persuaded that the amount now attributed to the appellant which arose from her husband's portion of the costs ($3,100) can properly be considered in the same light. ...

According to the respondent, the date on which the adjusting entry was made is not relevant since the value of the benefit within the meaning of subsection 15(1) is considered at the time the reduction was made in the "shareholder advances" account. ... According to the auditor's testimony, in making the assessment, he considered that the benefit had been conferred on the appellant by Mauvalin on April 30, 1988. ...

The documentary evidence established that the profits from the sales described in paragraph (c) were considered to be capital gains because of the length of ownership and because these were the first sales. ... However, in light of the circumstances surrounding the construction of that building, I am of the opinion that the profit from that sale must be considered to be income from a business on the same basis as that from the houses which were built for sale. ...