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Whether or not amendments to the Income Tax Act in this respect are being considered by the Legislator cannot be considered by the Board in rendering its decision in respect of a nil assessment in the appellant’s fiscal period from July 31 to December 31, 1971 and in respect of a nil assessment for the appellant’s 1972 taxation year. ... The courts and Board, in deciding trading cases, have always considered the taxpayer’s whole course of conduct. ... In my opinion, this fact alone could preclude the appellant’s transactions, in cattle and grain futures, from being considered as an investment which might give rise to eventual capital gains. ...

It was decided therein that, because it was not collectable against the son, it could not be considered as an account receivable and its value was nil. ... As to the $51,000 liability, he referred the Board to what is now subsection 30(1) of the Estate Tax Act (RSC 1970, E-9) to say that, because the late Sam Landsman was a minority shareholder in a related group, he is, for the purposes of the Estate Tax Act, considered as a majority shareholder. ... Consequently, respondent’s counsel submitted that, if the loans from Manhattan are considered to be bona fide, the late Mr Sam Landsman’s accounts receivable must also be bona fide. ...

For Leonard Holdings Corp to be considered as a personal corporation, paragraph 68(1)(b) requires that % of its income be derived from dividends. ... Admitting that the words “received” and “derived” have different connotations, the provision in subsection 8(2) that loans made to shareholders are deemed to be dividends received is a legally established and enforceable concept, and the amounts coming under subsection 8(2) are, for income tax purposes, to be considered and treated as dividends. ... Even though loans are not for other purposes considered as income, for income tax purposes subsection 8(2) deems them to be dividends and, subject to subsection 28(1) of the Income Tax Act, such dividends must be included in income. ...

The subject property is considered in the report as being too small for redevelopment and the basis of $1 to $1.50 a square foot is applicable. ... The selling price was $40,000 and the appellant considered that the profit on the sale was a capital gain. ... The appellant who was a resident of, and was earning his living in, Saskatoon had over the years purchased, sold and traded properties, some at losses which were considered as being on capital account, but with which we are not directly concerned in this appeal. ...

Counsel for the appellants pointed out, first, that having been given notice of the Minister’s intention of associating the two appellants in 1967 and 1969, and having noticed that the Minister had not given further effect to that intention, the appellants had every reason to believe that the Minister was not satisfied that the two conditions of subsection 138A(2) had been met and, secondly, that the Minister, not having at any time considered associating the companies in 1968, they concluded that the Minister was satisfied that the companies were not associated in that year. ... In my opinion the appellants cannot claim that they were taken by surprise because not only did they receive notification that the Minister, on the basis of the 1971 income tax returns, considered associating the companies under the provisions of subsection 138A(2) but by letters dated March 3, 1970 and June 9, 1972 (Exhibits A-2 and A-4) respectively, the appellants, in answer to the Minister’s contention, made lengthy submissions as to why they should not be considered as coming within the purview of subsection 138A(2) and why they should not be associated. ... I cannot conceive that a tax saving of $1,100 a year can reasonably be considered as being one of the main reasons for the incorporation of Kitchener News Leaseholds Limited, particularly when there is also on record uncontradicted evidence that the costs of incorporating Kitchener News Leaseholds Limited plus other related costs amounted to more than the tax savings realized. ...

Five sales were considered, all of them sales of property by Mr Brown including the sale giving rise to the issue in this appeal. ... For his’ comparative sales, he considered three sales, namely, Parlee (which Mr Brown mentioned, but which was not mentioned as a base by Mr Sherwood), Erb, and Morrow. ... He then estimated that there were 43 acres in this back portion and he considered a reasonable value for it to be $50 per acre or $2,150. ...

In fact, since time immemorial meals have always been considered personal expenses, or expenses of the supporting individual in the case of a dependant, namely the parent. ... In the Income Tax Act, these expenses are not considered obligatory for the employer, and when they are paid by him, only exceptionally is this amount not treated as income from employment for the employee. ... Although the collective agreement provided that the employer would pay a meal allowance, meal expenses are. still considered living expenses, which are taxable under paragraph 6(1)(b) of the new Act. ...

The evidence is that the group insurance plan and the hospital’s contribution to the pension plan and UIC were considered as fringe benefits and was not mandatory, however, it was also stated by Mr Schmitt that such an arrangement did not extend to private practitioners and had the appellant asked that his income tax not be deducted (which he did not do) he would have had to sign a document releasing the hospital of its obligation of doing so. ... However, since the facts on which the decision as to whether the appellant is or is not an employee of St Mary’s Hospital have at times been considered as marginal, I will apply the tests which the courts have evolved on this subject and to which counsel for the respondent referred in argument. +. ... Since this was at least one characteristic of a contract for services, Chief Justice Jackett held that notwithstanding that the work done by Dr Alexander which might otherwise be considered as part of a contract of service must, in these circumstances, be considered as a contract for services. ...

Nothing to support such a calculation was presented, and the approach taken by the Minister is considered adequate by the Board. ... I can only conclude from the above comment that the presiding chairman considered the distinction between a “capital” and a “current” expenditure in deciding that particular appeal, to be one of degree, primarily in the cost and the end result produced. ... Clearly the presiding member in that appeal did not intend it should be regarded as the only criterion to be considered. ...

The Board thinks the part of the loan could be considered as a business expense. ... All the loans have to be considered either as an investment or as an expense incurred for the purpose of gaining income. ... The conclusion is that the loans are considered as investments and the loss as a capital one, but what was the value of the receivable accounts on December 31, 1971? ...