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Referring to clause 2 of Exhibit A-1, the witness said that the $35,000 was considered as prepaid interest for a loan of $5,000,000. ... The expense of $35,000 could be considered rather small and fully deductible in the year it was paid, or substantial and amortized over a period of three years, mainly in 1973, 1974 and 1975. ... Article 451: Civil fruits are considered to be acquired day by day, and belong to the usufructuary in proportion to the duration of his usufruct. ...

Apparently their father (the late J B Barron) in 1949 constructed an 11-storey office building, which had commercial space on the ground floor and some office space in the basement, and at the time of its construction was considered to be one of the most modern buildings in the city. ... When Mr Barron began his attempts to rent the premises, he was apparently met with one constant factor that mitigated against the rental of the premises, and that was the fact that the elevators were not automatic and that tenants thereby considered the building to be less desirable than more modern buildings that were in existence. ... In my view, such a conversion as took place must be considered as an asset, an advantage of enduring benefit to the appellant, because there is no reason to believe that, with the continued existence of the maintenance contract, these elevators will not last at least as long as the previous ones lasted, and any expenditure to make such a conversion could not be considered as anything other than of a capital nature. ...

There is no evidence that the financing of the project was ever considered by the appellants and no approach made to financial institutions for that purpose. ... The normal steps and precautionary measures always taken by businessmen engaged in a development of a project of the magnitude of the proposed building were apparently never considered by the appellants. ... The last reasons which the appellants considered to have been a compelling factor in selling the property were personal and financial problems af- fectng Mr Walsh at that time. ...

The factors considered in dismissing an employee involved a formula under the redundancy fund which considered length of service, existing salary level, age and number of years to pension age, insurance, etc. ... The payment to the appellant should be considered as a compromise settlement or as a damage payment agreed to without a formal damage judgment and, in my view, neither would be included in the meaning of section 6. ... There is no material distinction to be drawn between the facts in this case and those considered by the Federal Court in Her Majesty The Queen v Robert B Atkins, [1975] CTC 377; 75 DTC 5263; [1976] CTC 497; 76 DTC 6258. ...

Such evidence has been allowed during the course of a hearing and considered by the Board in rendering its decision without an amendment to the reply. Though evidence pertaining to the appellant’s course of conduct including a period subsequent to 1973 will be considered, the Board feels that an amendment to the reply iS unnecessary and needlessly confusing. ... The appellant’s declared intention of purchasing the properties as an investment in rental properties must, of course, be considered by the Board. ...

The Minister added that as income, because these amounts must be included as pension benefits and it is considered to be income by virtue of paragraph 56(1) (a) of the Income Tax Act, SC 1970-71-72, c 63, as amended. ... In 1976 and 1977, $1,500 for each year was an advance made by the appellant to his company, so by virtue of paragraph 18(1)(b) of the Act, this is considered as being a capital outlay and is not deductible. 2. ... For these reasons, the appellant cannot be considered as an independent contractor and cannot claim business expenses in that respect. ...

If the transaction was not valid to purchase the shares, then it should be considered a loan to the company. 4.3.2 The purchase of shares: investment, not trade From the evidence adduced, it is clear that the appellant is not in the business of buying and selling shares. ... Consequently, the loss must be considered as a capital one. As stated in Thomas J Hopwood v MNR (cited above) at page 1016 1709]: The purchase of shares in an existing company is a well-known form of investment, and profits or losses are capital gains or capital losses unless the individual is a trader in shares. ... If the money paid by the appellant is not considered as payment of shares but as a loan, then the loss would also be a capital one. ...

Minister of National Revenue, [1979] CTC 2448, 79 DTC 383 J B Goetz:—This is an appeal by Peter Whitehouse with respect to his seeking to have included in his 1973 and 1974 tax returns what he considered to be a non-capital loss in the amount of $125,860. ... Pigeon, J in the case of MNR v Henry J Freud, [1968[CTC 438, 68 DTC 5279, states at pages 443 and 5282 respectively: It is, of course, obvious that a loan made by a person who is not in the business of lending money is ordinarily to be considered as an investment. It is only under quite exceptional or unusual circumstances that such an operation should be considered as a speculation. ...

/Ssue The issue is whether for the 1974 and 1975 taxation years the sums of $1,385 and $1,800 respectively, considered to be the value of the accommodation the appellant provided for his wife and child pursuant to a court judgment, can be considered to be an alimony payment and thus to be deductible in the calculation of the appellant’s income. 2. ... The Board has considered, however, whether it would not be possible to apply section 60.1, which is more favourable to the payer. ...

The case, I think, can be considered as a borderline case in the sense that there is some evidence of money having gone from Ottawa to Pakistan. ... In the Karimi case, it is quite true that the brothers and sisters cannot be considered as dependents if their parents themselves have not been considered as dependents. ...