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The appeal from the Part XIII assessments rests on much the same basis as the appeal from the Part I assessments, namely, that the price that the Appellant paid to Penn and Franklin for cimetidine was reasonable in the circumstances. [6] Before making the Part XIII assessments founded on the section 56 theory the Minister's officials considered whether the assessments should be made in reliance on paragraph 245(2)(b) of the Act which then read: 245(2) Where the result of one or more sales, exchanges, declarations of trust, or other transactions of any kind whatever is that a person confers a benefit on a taxpayer, that person shall be deemed to have made a payment to the taxpayer equal to the amount of the benefit conferred notwithstanding the form or legal effect of the transactions or that one or more other persons were also parties thereto; and, whether or not there was an intention to avoid or evade taxes under this Act, the payment shall, depending upon the circumstances, be... ... Finally, counsel emphasized that the assessor carefully considered the differing implications of subsections 56(2) and 245(2) and made a deliberate choice. [12] The Appellant's principal argument is that it is not open to the Minister to rely on section 245 at all, either in the first instance or by amendment. ...

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. ... Here, the appellant did not even try to determine an amount that would represent the true cost of the use of an office in his home. [41]          Moreover, in a situation like the one here, where the taxpayer has a main source of income, one may legitimately wonder whether he is not attempting to "subsidize" the cost of his other activities by seeking to deduct the expenses related thereto from the income from his main source. [42]          All things considered, it is my view that the appellant has not shown on a balance of probabilities that his car rental activity could have become profitable in the foreseeable future if account were taken of all the expenses that would normally be deductible in relation to that activity if it were engaged in on a truly commercial basis. [43]          In light of the foregoing, the appeals are dismissed. ...

I rendered the decision on the basis that the shareholders had considered the issuance of shares as a payment, had acted pursuant to the agreement, had considered the shares to have the value of the forgiven loans and had claimed in 1989 a business investment loss on the disposition of the shares. ...

There is no evidence before me that he or his brother even considered that there would be a profit in year one or any other year. [4] It is suggested to the Court that I should take into consideration that real estate values took a tumble very shortly thereafter. ... He says at paragraph 11: Although originally disputed, it is now accepted that in order to have a "source of income" the taxpayer must have a profit or a reasonable expectation of profit. [11] Then in paragraph 12, he goes on and says: 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. ...

The Queen, 97 DTC 1286, Judge Dussault in interpreting Bronfman (supra) said "Secondly, for the purposes of the deduction provided for in paragraph 20(1)(c) of the Act, it has also been established in Bronfman (supra) that what should be considered is not the purpose of the borrowing itself but rather the purpose for which the borrowed money was used. ... This was a shortcoming of the agreement and may be reflective of the fact that possibly the deductibility of the interest was not considered by the drafters of the separation agreement and only became significant after the agreement was put into place. [48] There can be no doubt from the agreement that what the Appellant was obtaining in return for the payment of $300,000.00 was obviously more than the right to obtain his spouse's one-half interest in the income earning assets. ...

Submissions Of Counsel For The Appellant – Main Issue: [7] Counsel for the Appellant points out that the bone of contention with the Respondent relates to whether the certificate which merely states that the student in question has completed the program can be considered as attesting to the competence of the student to practice or perform his or her trade or vocation, namely, acting. [8] To quote from counsel's written submissions: 20. ... Analysis And Decision: [12] Part III of Schedule V of the Act provides for various services which are considered as exempt supplies. ...

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. ... There was no evidence that rental vacancy rates were considered. [18]          Last, the representative's "rental loss adjustments" relied upon to support the Appellants' position vis à vis potential profitability are arithmetically inaccurate and rely on assumptions which are not supported by the evidence. ...

" She considered the Centre's employees to include the receptionist, typist, lab technicians, nurses, clerical staff, office manager and janitors, not the locums. ... The Court considered the terms and conditions of the contract itself which contained numerous provisions that were similar to those that other employees of the government of Alberta enjoyed, including holiday provisions, entitlement to sick leave days, restrictions and ability to conduct a private practice, provisions for the deduction of income tax at source, payments of sustenance and travelling allowance and payment of fixed remuneration per month. [33]          In the case at bar, unlike Mirchandani, supra, one third of all fees billed by the Workers was used by the clinic to pay expenses of the clinic. ...

At this point, I might add that the Appellant had previously claimed rental losses with respect to the condominium from 1990 to 1996 and that the losses were also disallowed for 1995 and 1996. [4]            The Appellant, who is a research scientist working for the National Research Council in Boucherville, Quebec, claimed to have always been interested in various investments such as stocks, bonds, mutual funds and real estate. [5]            In 1990, he was looking for a long-term investment and after having evaluated the potential of other condominiums, he decided to invest in Les Tours du Parc, as he considered the project's potential for appreciation in value to be high. ... 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. ...

The Queen, 99 DTC 194, and stated at page 198: [20] The concept of unjust enrichment was considered by the Supreme Court of Canada in Pettkus v. ... Becker, the Court considered the services provided by Ms. Becker and fashioned the remedy of constructive trust. ...