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Another parcel of land of some 700,000 square feet in Vanier in Ottawa east was also considered by the Cummings officials at that time, but the matter was dropped as a result of soil tests which proved to be unsuitable for the proposed development. ... Both these prices were considered by the Cummings to be uneconomical for their proposed development. ... The Cummings were seeking land in the east end of Ottawa for a specific project and the Spooner land as well as the St Laurent land were considered by the Cummings for their project. ...

Mr Bassett considered that the opportunity to own a television station in Windsor presented a challenge to his company. ... The reply was that the purchase price had to be considered so that the loss had to be offset by the income in the purchase price. ... As mentioned, all things being considered, I hold that the appellant was in partnership with St Clair in the operation of CKLW TV in Windsor. ...

Findings It is difficult to take seriously any contention that the development of the land itself was considered as a real prospect by the investors. ... The appellant’s declared intention of purchasing the properties as an investment in rental properties must, of course, be considered by the Board. ... If property is acquired when there is no business even though one possibility in the mind of the purchaser is to use the property as the capital asset of a proposed business—or the purchaser has not considered how he will use it—a re-sale may be the consummation of a venture in the nature of trade. ...

However, Mr Shepperd’s appraisal was not produced and Mr Beaton’s comments on the Sheppard report were therefore not considered by the Board in deciding the instant issue. ... However, for purposes of this appeal, Mr Beaton’s subtle nuance is somewhat lost in its application to the facts being considered here. ... I have also considered the limitations of the industrial use to which the subject property could be put and which was known on Valuation Day. ...

In arriving at my opinion of value I considered the valuation approaches most commonly used and accepted in the market place applicable to a notional sale. ... The degree of risk involved: (a) The absence of a history of demonstrated earnings, suggests that a higher level of risk should be considered. ... Schedule VII referred to above reads as follows: Schedule VII The Basis for the Capitalization Rates Used In arriving at the capitalization rates used I considered the following: 1. ...

In his reassessments, the Minister of National Revenue treated the rental income as having been generated by an inactive business but considered the income from the sale of the lots as arising from an active business. ... There is no evidence that the owners even considered the appellant to be a holding company. ... In this instance, the appellant had an inactive business in the ownership of two apartment buildings, the income from which (not in issue here) was considered by the Minister of National Revenue as income from an active business. ...

He considered the land excellent in that it was “a nice piece of land” with good people “in a nice area”. ... The appellant’s declared intention of purchasing the properties as an investment in rental properties must, of course, be considered by the Board. ... In Grossman (supra) at 2145 and 152 respectively, it is stated: Therefore, at the risk of certain selective perception, one may elucidate as follows from the above summary of cases (particularly that of Hiwako, [1978] CTC 378; 78 DTC 6281): (1) where there was “an expectation on the part of the purchaser, at the time of purchase, that... it could be sold at a profit and that such expectation... induced him to make the purchase”; or (2) “If property is acquired when there is no business... ”; or (3) “one possibility in the mind of the purchaser is to use the property as the Capital asset of a proposed business”; or (4)... the purchaser has not considered how he will use it (the property)” (italics mine). ...

They told him he could not be considered as a self-employed person. The appellant had no vouchers to confirm the other expenses because he thought they were not in dispute. ... 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. ... Moreover, in 1979 the appellant considered himself only as an apprentice. ...

He was concerned about the erosion of the Canadian dollar, considered land as safer, and acquired the property for long-term investment and capital gain. ... In my opinion there must be other factors and circumstances proven before the profit realized can be considered to be a taxable profit. ... In this respect, I would make reference to some of the Board’s comments in Sam Grossman v MNR, [1979] CTC 2132; 79 DTC 141, in which the leading cases on this point are reviewed and summarized at pp 2145 and 152 respectively: Therefore, at the risk of certain selective perception, one may elucidate as follows from the above summary of cases (particularly that of Hiwako (supra)): (1) where there was “an expectation on the part of the purchaser, at the time of purchase, that... it could be sold at a profit and that such expectation... in duced him to make the purchase.. or (2) “If property is acquired when there is no business.. or (3) “one possibility in the mind of the purchaser is to use the property as the capital asset of a proposed business”; or (4).. the purchaser has not considered how he will use it (the property)” (italics mine). ...

He had considered the trucking requirements to be 4 acres immediately, but he had been unable to find any such parcel of property in a location that would serve his purposes adequately and efficiently. ... He needed a location quickly for his burgeoning trucking business and having considered all the other alternatives, he settled on this location. ... Decision The appeal is allowed both for the years 1971 and 1972 in order to permit any gain on the sale in 1971 of the portion of the subject property to Norman T Coulter, and any gain on the sale in 1972 of the balance of the subject property to Alliance Building Corporation Limited both to be considered on account of capital and not income. ...