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The Board, however, has been urged by Mr Lougheed to find and accept such a distinction, and it is therefore incumbent upon the Board, while remaining mindful of the similarities obviously considered substantial by the respondent, to set out and weigh any contrast which can be determined from the evidence. ... There is no evidence that “Mr Mike’s” considered the amount of $7,500 unreasonably low or that ‘‘Mr Mike’s” considered there was a possibility of selling the franchise soon at a great profit. ...

Further, he contended that although certain statements had been made by the appellant in support of it, there was no evidence that the contribution to the Indian Road property had been made by the appellant’s wife, that she had not taken the witness stand to give evidence on behalf of the appellant and that even if such a contribution had been made, it could not be considered as sufficient support for her to claim a 50% interest in the Ranstone Gardens property even by way of transfer. ... First, the appellant stated that the subject property was intended to be the home for Drakos, not for himself, and the Board has been given no evidence as to why he would have changed his wishes and decided to reside there when it had not been considered as his choice in the first instance. ... There is no evidence to support a conclusion that such an exchange should be considered in any way a transfer of ownership rights from the appellant to his wife, thereby creating only the appearance, but not the reality, of her equal ownership. ...

To appreciate McConnell’s position, it should be mentioned that he had been in the same business since 1964 and, in his modesty, considered himself in 1970 to be a reasonably successful and competent professional man. He, considering all the things mentioned to him by Black and Martinello, felt that that which they proposed was reasonable; there was a good wood supply as well as skilled labour in the area, both at Rainy River and North Bay where they proposed to get their material, and all other factors being considered, the prospects of the company they suggested were good. ... These things being considered and the cases he mentioned (D J MacDonald Sales Limited v MNR, 16 Tax ABC 49; 56 DTC 481; Her Majesty the Queen v F H Jones Tobacco Sales Co Ltd, [1973] FC 825; [1973] CTC 784; 73 DTC 5577; and Algoma Central Railway v MNR, [1967] 2 Ex CR 88; [1967] CTC 130; 67 DTC 5091; [1968] S.C.R. 447; [1968] CTC 161; 68 DTC 5096), counsel submitted the appeal should be allowed and the matter referred back to the respondent to reassess on the basis that the amount claimed was properly deductible in computing the appellant’s income for its 1973 taxation year. ...

He stated that the basis of academic achievement by the candidate is considered by the Council’s Academic Bureau. ... However, the allowable expenses do not Include (a) personal or living expenses of the taxpayer (other than the travelling expenses mentioned above), (b) expenses in respect of which he has been reimbursed (except to the extent they are considered to be part of a grant received), or (c) expenses that are otherwise deductible in computing his income for the year. ... Where a taxpayer receives, as a scholarship, fellowship, bursary, prize for achievement or a research grant, a fixed sum plus additional amounts as allowances for expenses such as equipment, travel, accommodation, conferences or other expenses, these amounts are considered to be part of the scholarship, fellowship, bursary, prize or research grant, as the case may be. ...

Melton considered the property to be well located and serviced with sewer lines and waiter, and he brought the property to the attention of Melton Real Estate Lid. ... This portion of the land was therefore useless for purposes of developing a trailer park and was considered of no value to the purchasers, who had no plans for it but had been forced to acquire it as part of the package deal for the whole of the Swift property. ... It was then considered that the construction of town houses might be more appropriate, and plans and working papers for a town-house development were prepared for the site by Mr Milne, an architect (Ex A-7, 8 and 9). ...

At a shareholders’ meeting, the business of Belvedere Motel was wound up and the remaining operating assets and the building were considered to be the property of Mr René Lépine and El Pine Construction Ltd. ... Had El Pine Construction Ltd been proven to be the legal owner of 50% of Motel Belvedere, the question as to whether such an arrangement could be considered as an artificial transaction within the meaning of section 137 of the old Act might well have been considered. ...

It was alleged that, although a a certain quantity of watches were sold outside Canada, the amount involved is minimal and, for purposes of this appeal, the appellant concedes that all overseas purchases of watches may be considered as having been purchased for resale in the Canadian market. ... The Board, not being bound by the strict rules of evidence, considered the impracticality of having a witness brought to Monireal to testify that he had sent the letter and deems the letter to be a valid exhibit. ... Part III of the Income Tax Act, RSC 1952, c 148, as amended, and Part XIII of the Income Tax Act, SC 1970-71-72, c 63, as amended, clearly deal with income by way of interest, and I do not believe that under the above circumstances the Swiss suppliers can be considered to have earned interest within the meaning and intent of those Parts of the respective Income Tax Acts. ...

Although the question was raised by the appellants as to whether part-time teachers are independent agents or employees of the institution where they teach, the point was not argued and the appellants stated that for the purposes of this appeal they considered they were employees of Loyola College. ... The Board understands this, but neither Mr Potvin’s opinion expressed in letters to the appellants concerning the necessity of maintaining an office nor the Board’s understanding of that necessity, can be considered as part of the employment contract with Loyola College signed by the appellants nor, in my opinion, can such a requirement be considered as implicit in the contract because paragraph 11(10)(b) is an exception to the general rule of taxation and as such must be interpreted and applied strictly. ...

The appellant’s position is that the sum of $5,000 was necessarily laid out for the earning of income, whereas the Minister takes the position, first, that the amount was not laid out for the purpose of gaining or producing income, the expenditure having been made as an accommodation to an employee in a transaction outside the normal business of the appellant; and, secondly, that, even if it was an amount that could be considered to have been laid out for the purpose of gaining or producing income, it was laid out on capital account and the loss would constitute a capital loss. ... It continued to pay Hatton’s salary and, in fact, in the year 1966, as shown by Exhibit A-3, paid him a bonus of $1,000, showing, in my view, that the loan was in no way considered as prepayment for services yet to be rendered by Hatton to the company. From the evidence contained in the transcript, the arguments recorded therein, the exhibits filed and a review of the cases cited, it is my considered opinion that the appeal must fail, and it is therefore dismissed. ...

In analysing the evidence, it seems to me that there are two sets of circumstances to be considered. ... The contribution of each of the parties in Petex can, to my mind, be equated, and it is difficult to see how, in the circumstances, the $100,000 can be considered a commission fee for services rendered to Mr Hashman. ... The appellants’ subsequent sale of their shares in Petex cannot be considered as being indicative of speculation as part of a business or as a venture in the nature of trade dating back to 1961. ...