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The situation, in my view, is exactly that as previously considered in Cooper Laboratories Ltd v The Deputy Minister of National Revenue for Customs and Excise (unreported Tariff Board Appeal No 1364, November 8, 1979), wherein the Board states: The evidence showed that the Packer’s Pine Tar Shampoo and Soap are sold and represented for use in the treatment and mitigation of skin and scalp troubles. ...

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. ...

The testimony of the appellant, Mr Nadeau, was vague and imprecise as to the various amounts which he said should have been considered accounts receivable. ...

Mr Robert Schutz, a neighbour and full-time sheep farmer on 280 acres of land, gave evidence that he has been aware of this appellant’s circumstances throughout, that in his opinion the appellant did everything he could to establish a small farm on very limited capital and that he considered the appellant to be a full-time subsistence farmer. ...

The taxpayer took the position in his notice of appeal that the property was a rental property from the date of purchase, whereas the Minister considered it such, when it was actually rented for the last two months of the year, and disallowed a portion of the expenses accordingly in some instances, and disallowed others totally, in addition to disallowing certain ones as applicable to “capital”, not “current” expenditures. ...

In that case the Court considered actions taken by a creditor to realize on security which it held for payment of a note and debenture which were payable on demand. ...

Perhaps no real comparisons could be made by Mr Jackson because of the lack of sales which he considered acceptable. ...

In Harlequin Enterprises Limited v The Queen, [1977] CTC 208; 77 DTC 5164, the Federal Court of Appeal considered whether the appellant, a book publisher, was entitled to deduct an amount intended to provide for the post year end return of books which it had sold on the basis that they were returnable for full credit. ...

Whereas it is obvious, and even admitted by the respondent that the $687.50 is over the regular interest, (ie other than an amount paid “under the terms of the bond”) the Court concludes that it must be considered as a “cash bonus” and the appeal must be allowed. 5. ...

And, most assuredly, I am unable to determine from the information and evidence presented, in what manner the amounts at issue (which formed part of a total of some $465,500) could ever have been considered as “income” to the taxpayer, Lou Lokash Limited. ...