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In view of the statements of the assignor to the effect that the contract was prepared by the other party, and that the contents of the letters sent to clients, as well as the contents of paragraphs (b) and (c) of clause 3, existed merely to “sweeten the pill”, and in view of the fact that once the contract was signed there were no future clients and the assignor never needed to use the office placed at his disposal, never did any work in the office of his partners, and never did any work for remuneration within the terms of clause 6 6 of the contract, and in view of the theory of form and substance of a contract, should it be concluded that this was not a contract of partnership but of the sale, pure and simple, of goodwill, payment for which is not considered to be an ordinary business expenditure made to earn income but a capital expense? ...

This method of computing the appellant’s income was not contested by the respondent, and the Board must assume that it was accepted by the Minister.The appellant therefore comes within the exception provided in paragraph 85B(1)(b) of the Income Tax Act and would not have had to include the holdback in its 1970 taxation year even though the $89,530 holdback had been considered a receivable in the appellant’s 1970 fiscal year. ...

In conclusion I therefore find that for the reasons set out hereinbefore the appeal is allowed in part, ie that the gifts for the year 1966, of $10,000 to each of the two daughters, should be considered deductible from the aggregate net value of the estate and that the assessment in all other respects should be confirmed. ...

Presumably all agreements, including an agreement on the part of Finco to reimburse the four brothers for any tax that might be assessed against them by virtue of funds received through this transaction, were executed simultaneously, or within such close proximity of time as to be considered as having been executed simultaneously. ...

The issue is that the amount of shares in Computing Devices of Canada Limited which were owned by the taxpayer, and which were paid in kind, by dividend, to Bendix, should not be valued as or considered to be worth the amount that they would fetch as shares of Computing Devices of Canada Limited, but that they should be valued at what those 517,313 shares of Computing Devices of Canada Limited could be exchanged for in the form of shares of Control Data Corporation on a five-for-one basis which left the non-resident Bendix Corporation with 103,462 common shares in Control Data. ...

The roads were in an unfinished condition, there were many mud streets in Transcona itself, as well as many buildings without indoor plumbing facilities, and it was not considered one of the prime residential areas of what is now the metropolitan area of the City of Winnipeg. ...

The consideration received should be considered as a settlement of the damage claim which (the appellants) would otherwise have been able to present for the wrongful cancellation of (their) option(s) which would otherwise have occurred from the implementation of the shareholders’ resolution of Bethex passed January 23, 1969, providing for the liquidation of Bethex. ...

Clause 4 of the will reads in part as follows: All the rest and residue of my estate of whatsoever nature and kind and wheresoever situate, of which I may die possessed, including the balance of my life insurances as in paragraph 3(d) provided, is to be invested as hereinafter directed, and from the net annual income derived therefrom the sum of Nine Thousand Six Hundred Dollars ($9,600) per year, payable In monthly instalments, shall be paid tax free to my said beloved wife for and during the remainder of her life, together with any other amount as may in the discretion of my executors and trustees be required to maintain my beloved wife in the station in life to which she is accustomed, including provision for such occasional trips as may not be considered unreasonable by my executors and trustees having regard to the Income of the estate at the time and depletion of the estate If any, PROVIDED HOWEVER, that in the event of my beloved wife remarrying then the benefits provided under this clause in no circumstances in any one year exceed in total the sum of Twelve Thousand Dollars ($12,000) including provision for occasional trips. ...

At the hearing, the appellant stated that before the separation he had paid in property costs, mortgages, principal and interest the sum of $123 a month on property belonging exclusively to his wife, and that the postdated cheques for this amount should therefore be considered alimony payments. ...

I cite as a couple of examples the fact that he considered general averages, as produced in a pamphlet by Dun & Bradstreet as to percentage of return of earnings on the net tangible assets of a company in the restaurant business. ...