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The carry-over deposit, according to the uncontradicted evidence, was not applicable to all goods on the same terms and was not considered to be part of the purchase price. ... This passage from George Smith Trucking Co., supra, appears to bear out this position: In the end all the circumstances, including the withheld documents, the other documents, and the conduct of the parties, must be considered. ...

By 1977, the defendant considered that his farming activities had increased to such an extent that he could claim full farming losses rather than the restricted annual loss of $5,000. ... M.N.R., supra, at page 288 (D.T.C. 5155): Start-up costs, contrary to what the trial judge said, cannot be considered as the basis for an alternative ground of decision. ...

Counsel for the respondent set out for the Court the factors which he considered should be taken into account in the determination of the issue. ... I do not say such a result was intended by the drafters of the Act or that they considered it would arise, I merely note that it was not shown to me that such a result was illegal or that it could not arise out of the words in the Act. ...

In that report, he considered ten comparable sales and selected four as being the best value indicators. ... I considered both alternatives and decided that it was better to use the average adjusted price of Messrs. ...

It appears to me that the appellant and his advisors now wish to utilize the protection they see in section 74 of the Act— saying in effect that the income from the original 1,000 shares must be considered for income tax purposes as if they remained the property of Mrs. ... If both shares and non-share consideration are received (that is cash and debt), the nonshare consideration will take on a tax cost equal to its fair value at the time of the transfer.- It is important to note that, since the accrued gain on the transferred property is built into the shares received by the transferor with no corresponding adjustment to the cost base for the property acquired by the transferee corporation, an element of double taxation can result; once on the disposition of the asset by the transferee corporation and again on the disposition of the shares by the transferor.- The above comments are intended as a summary of some of the limitations to section 85 and some of the traps to be considered; this summary, however, is by no means exhaustive. ...

In reassessing, the respondent considered the premises to be a trading asset and that this precluded the claim for capital cost allowance and liability to tax on the profit arising out of the sale on the basis of a capital gain. ... By virtue of this definition, a single operation is to be considered as a business although it is an isolated venture entirely unconnected with the taxpayer's profession or occupation. ...

However it may be deduced from Matthews, supra, (and I take the argument of counsel to touch on this point) that the portions of Matthews, supra, to be considered when reviewing Moldowan, supra, were to be found on pages 234 through 236 (D.T.C. 6196 through 6197) (including the financial schedules): The plaintiff did not suggest that the capital cost allowance claimed was not expressly permitted. ... In both situations, even though the Federal Court judgment of Gorjup, supra, was considered the underlying facts did not support the appellant's contentions and the appeals were dismissed. ...

As I see it, even in 1987, certainly in 1978, and most definitely in 1971, to consider or have considered the prospect of some kind of industrial development, in the immediately foreseeable future, virtually over the entire 220 or 240 acres of land involved would be totally unsupportable. ... I need express no views on that opinion of his, other than to point out that in an appraisal question such as this one, existing regulations should be considered seriously in this Court, barring clear and decisive evidence (not just opinion) that they are of no value. ...

Hooey compared operating results for the three years 1970, 1971 and 1972 — including adjustments to them he considered necessary — and arrived at an average maintainable earnings of $311,000, which he multiplied by a “capitalization rate” of 12-13 times, selected a mid-point value of $3.8 million for the business which he then used in allocating earnings to different aspects of the operation — “milk quota", “trucking licenses" and “fixed assets". ... The subject, Canadian Cabinets and Furniture was not considered a “viable” business in 1971. ...

Despite the fact that partnerships must be considered as separate persons in the computation of their incomes or their losses, they are not taxpayers. ... On the other hand, the same counsel contends that the purchase of the head of cattle must not be considered as an investment because they form part of the inventory. ...