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I considered that this was an abnormal situation. We must assume that the Deputy Minister also held this view, because in his letter of December 5, 1972 to Mr Goble he stated, in the first line of the second paragraph, that the income of school board teachers who left Canada to teach abroad after 1972 would be considered income from employment in Canada and would be subject to federal tax. ... However, the Tax Review Board cannot overlook the fact that during her stay in Germany appellant was an employee of the Public Service Commission and as such was considered to be a resident of Canada for the entire taxation year in accordance with the previsions of subparagraph 139(3)(c)(i), and was taxable under section 3 of the Income Tax Act. ... If, in accordance with subparagraph 139(3)(c)(i), appellant must be considered a resident of Canada for the entire 1970 taxation year for purposes of federal tax, I have difficulty understanding the justification for refusing her the deduction on the tax that she paid to Quebec on the income that she earned in Quebec in 1970, which is clearly provided for in section 33 of the Income Tax Act. ...

Now, under The Partnership Act of the Province of Alberta, RSA 1955, c 230, and as is the case in all common law provinces as nearly as I am aware, an agreement to share in the income of the business is considered as prima facie evidence of a partnership, but this is only one of the many factors to be considered in arriving at a decision as to whether or not a partnership in fact existed. ... The other document that I have considered at some length is Exhibit A-5. ... However, he did in fact receive a settlement representing what both considered to be his share of the business at the time of the termination of this arrangement. 19 Having looked at and reviewed the totality of the evidence, including the exhibits, and having considered the cases cited to me by both counsel, I have come to the conclusion that there in fact existed a partnership from February 16, 1962 to June 6, 1967 in the business of the administration of bankrupt estates by the appellant and his senior partner, Thomas A Buckham. ...

The question which to me appears fundamental in these appeals is whether a speculative purchase of vacant land from which only a nominal income is derived and where the most profitable selling price is awaited for whatever period of time, can be for tax purposes, considered as a long-term capital investment? ... A professed intention cannot be considered as determining what it is the concrete facts amount to It is only part of the evidence and must be considered along with the objective facts. ... Although he was not dealing in what is normally considered to be a subject of commerce such as commodities, the transaction from its very inception was purely speculative in character and was, in our opinion, as a matter of law, a venture in the nature of trade. ...

If the person so being considered was held by his peers to be wanting, then he was not granted tenure. ... The review hearing, after considering his case, agreed that his position should be considered by a second tenure committee. ... This stipend payment is being made on compassionate grounds and should not be considered to be acknowledgement of any liability regarding your appeal. ...

It seems to me that the only issue that is presently before the Board is a direct question as to whether payments of mortgage principal and interest, with all they entail, can properly be considered as totally deductible as alimony by the husband and totally taxable in the hands of the wife, or whether that portion of each mortgage payment which should be attributed to the payor’s capital interest in the mortgaged property can properly be considered as part of the alimony paid to his wife within the meaning of paragraphs 6(1)(d) and 11 (1)(l) or (la) of the old Act. ... Although one aspect of the question before the Board has been answered, namely, that generally non-deductible Capital payments can properly be considered as deductible alimony payments if they are paid for the maintenance of the recipient, the question still remaining is whether a payment on a mortgage which increases, however infinitesimally, the capital interest of both the husband and wife, can be considered entirely as an alimony payment for the maintenance of the wife, totally deductible by the husband and taxable in full in the hands of the wife. ... The court rightly considered, from its point of view, that the mortgage payments by the appellant’s husband were payments “for alimentary allowance” and thus for the maintenance of the appellant. ...

It should be pointed out that both Mr Fraser and Mr Murphy considered the property to have a fine location. ... To reach his conclusion as to value, Mr Fraser considered sales relating to five parcels. ... Mr Murphy considered nine sales in total, but several were rejected by him for various reasons. ...

There was a profit of about $150,000 which it considered as taxable, and so reported it. ... The question of re-sale at a profit was never considered by Dr Ewerwahn or Mr Otto. ... Financing, at the time of acquisition, was not considered to be a risk. ...

Since a loan can, for the purposes of section 8, be repaid by money's worth as well as by cash, I cannot see why, in the circumstances of these appeals, the assignment by the borrowers of $25,000 in receivables to Coastal Towing should not be considered as a repayment of the loans totalling $25,000 made by it to the taxpayers Oswald New and New & Co. 24 In the case of Timothy Bass v. ... According to case law and the Department of National Revenue's Interpretation Bulletin, and as counsel for the respondent himself admitted, for purposes of section 8, money's worth can be considered as a valid repayment of a loan. If that is so, then whether or not, in the absence of fraud or sham, the companies are related and controlled by one person, and whether or not the recipient chooses to convert his “money's worth” into cash, the money's worth, once accepted by its creditor, must in my opinion be considered as a valid repayment of the loan within the meaning of subsection 8(2) of the Act. 30 In the case of the Estate of Thomas James Johnston v. ...

(paras 3.05 and 3.08) 4.02.2 The crux of the matter is whether the purchased property should be considered as a personal-use property. If not so considered, the loss can be allowed as a deduction. If it is so considered, the loss cannot be allowed as a deduction. ... The expenses incurred with respect to the property must even be considered as personal and living expenses pursuant to the definition of this expression quoted above. ...

The grading system in Canada went from Al. the choice lean beef, through A4, that which was considered too fat for good sales potential. ... While recognizing that the bulletin could not be considered law, he stressed paragraph 9 from it: 9. ... 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. ...