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The appellant said he had considered his personal knowledge of the stock market to be poor to fair, that he had advised his stockbroker as to his goals with respect to the purpose of the investment portfolio and that he had relied upon and followed his advice as to what should be done from time to time. ... Urie, J. considered and commented on the aforenoted reasons given in the Irrigation Industries case. ...

We have evidence that the taxes paid to Revenue Canada Taxation for 1985 are higher than the amount considered. ... In its second assessment the respondent considered that the same gross salary which continued to be paid during the appellant's second period of absence because of an occupational accident—except for certain minor adjustments with respect to $118.84 compensation received—was taxable under the Income Tax Act. ...

Canada, [1989] 1 C.T.C. 235; 89 D.T.C. 5080, the Federal Court of Appeal has recently considered subsection 31(1) of the Act as construed by Moldowan. ... Moldowan suggests that there may be a number of factors to be considered but we are here concerned only with three: time spent, capital committed and profitability. ...

Any improvement to be considered a land improvement will result in benefits which will be continual for a period of at least 5 years, therefore excluding such improvements as fertilizing, liming, seeding, etc. Examples of improvements that are considered as land improvement are: land clearing, land drainage, either surface or sub-surface, and erosion control improvements. ...

The members of the Joint Venture considered the construction of the Civic Centre to be absolutely necessary to create new demand for commercial space in that area and therefore achieve the levels of rental income that were required to finance the purchase. 8. ... Present statements as to the intention which motivated the acquisition must be considered along with the objective facts. ...

He said that he had looked at other farms four or five miles to the north of the subject property, but all things considered he regarded it as more suitable to his needs. ... A great deal has been said and written regarding tests to be applied or matters to be considered in determining whether the proceeds of the sale of real estate are a capital gain or ordinary income. ...

If it is established that the voluntary disclosure was not substantially complete because the taxpayer disclosed only those amounts or areas of fraud which the taxpayer thought the Department would become aware of, or would accept as being complete, the disclosure will not be considered as voluntary but rather as a further attempt to deceive the Department. ... A detailed submission will not be required at the first contact, however, that initial contact will be considered the date of the voluntary disclosure. 4. ...

., [1980] C.T.C. 2845; 80 D.T.C. 1749, in which the “residence” of a taxpayer who was formerly a resident of Canada, but who has left Canada save for an occasional return for brief visits was considered. ... In the circumstances, given the demonstrated intention of the family to return to the United States the stopovers could clearly be considered, as they were by the presiding judge, as being of such a transitory and incidental nature that they could not be construed as implying residence in Canada. ...

As was pointed out previously in Kerr and Forbes (para. 4.02(6)) and Wilson (para. 4.03(3)), it is not impossible for a taxpayer who already has another employment that is considered full-time to change his chief source of income and revert to being a full-time farmer. ... In assessing the respondent the Minister considered that farming was not his chief source of income and limited the deduction of losses to $500 in each taxation year by applying the provisions of subsection 31(1). ...

Income is earned from a woodlot by cutting the trees and selling the cut trees as lumber: this is not an activity contemplated in the subsection 248(1) definition of "farming". [2] Accordingly the woodlot operation should not be considered to determine whether or not the farm property maintained by Mr. ... 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. ...