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The issue here is simply whether the payment received by the appellant can be considered as damages for wrongful dismissal. ...

The adjourned hearing will be rescheduled by the Board to provide the parties with an opportunity to bring forward further matters considered by them to be relevant to the appeal. ...

The trust deed at Article VIII provides as follows: ARTICLE VIII: PAYMENT OF INCOME AND CAPITAL The Trustee shall invest and keep invested the Trust Estate until the first day of December, 1991 (hereinafter referred to as ‘distribution date’) and may, from time to time, pay none, some or all of the net income derived therefrom or none, some or all of the capital thereof to or for the benefit of one, some or all of the children of the Settlor as the Trustee shall, in his absolute and uncontrolled discretion, determine; any income not so paid or applied in any calendar year to be added to form part of the Trust Estate; on the distribution date the Trust Estate shall be divided into as many equal shares as there shall be children of the Settlor then alive; any child of the Settlor who shall not be then alive, but who shall have children him or her surviving, shall be considered alive for the purposes of such distribution; the Trustee shall keep the share from each such child invested and shall pay income and capital to such child upon such terms and in such manner as hereinfore provided until such child shall attain the age of 25 years, whereupon 3 of his or her share shall be paid to him or her for his or her own use absolutely; the remainder of such share shall be kept invested as aforesaid and the income and capital shall be paid as aforesaid until such child shall attain the age of 30 years whereupon the amount of such share remaining shall be paid to him or her for his or her own use absolutely; provided, however, that in the event that any such child shall die prior to the distribution date or, surviving the distribution date shall die prior to attaining the age of 25 years or, shall die prior to attaining the age of 30 years, leaving children him or her surviving, then the interest of such child in his or her share shall be subject to the defeasance and the share of such child or the amount thereof remaining shall be held in trust for the children of such deceased child alive at the date of such deceased child’s death in equal shares per stirpes, upon such terms and in such manner as herein provided; in the further event that such deceased child shall die in such manner as aforesaid, leaving no children him or her surviving, then the share of such deceased child or the amount thereof remaining shall be subject to defeasance and shall be held in trust for the brothers and sisters of such deceased child alive at the date of death of such deceased child in such manner as herein provided; in the further event that there shall be no children of the Settlor alive at the distribution date or all of them shall die prior to attaining the age of 25 years or, if one or some of them shall have attained the age of 25 years but shall die prior to attaining the age of 30 years leaving no children them Surviving, to pay over the Trust Estate to or for the benefit of MERIDA PHYLLIS SACHS for her own use absolutely. ...

We therefore request that the above circumstances be taken into consideration in Mr Moncrieff’s appeal and that of the annuity payments reported on the T4RSP issued by NALACO, an amount proportional to the pension plan proceeds/total annuity premium be considered eligible for the pension plan deduction in 1977 and future years. ...

The respondent also relied upon paragraph (b) of subsection (1) of section 146 which reads as follows: (1) In this section, (b) “benefit” includes any amount received out of or under a retirement savings plan otherwise than as a premium and without restricting the generality of the foregoing includes any amount paid to an annuitant under the plan (i) in accordance with the terms of the plan, (ii) resulting from an amendment to or modification of the plan, or (iii) resulting from the termination of the plan; Counsel for the respondent asserted that the monies received by the appellant in 1976, as a result of the termination of the plan, were considered a benefit and consequently income pursuant to subsection (8) of section 146. ...

Common to both statutory provisions considered in the Taylor case and to the present section 152 is a restriction on the power of the Minister to reassess after the normal period to cases where the taxpayer (or person filing the return) has made a misrepresentation or committed fraud. ...

The sole issue in an appeal from an income tax assessment is whether, when the relevant provisions of the Income Tax Act are considered in relation to the facts established at the hearing, the assessment is too high. ...

To substantiate his position, the respondent relied, inter alia, on subsection 103(1) of the Income Tax Act, SC 1970-71-72, c 63, as amended, which reads as follows: (1) Where the members of a partnership have agreed to share, in a specified proportion, any income or loss of the partnership from any source or from sources in a particular place, as the case may be, or any other amount in respect of any activity of the partnership that is relevant to the computation of the income or taxable income of any of the members thereof, and the principal reason for the agreement may reasonably be considered to be the reduction or postponement of the tax that might otherwise have been or become payable under this Act, the share of each member of the partnership in the income or loss, as the case may be, or in that other amount, is the amount that is reasonable having regard to all the circumstances including the proportions in which the members have agreed to share profits and losses of the partnership from other sources or from sources in other places. ...

Subsections 74(1), 74(5) and 103(1) of the Income Tax Act read as follows: 74.(1) Where a person has, on or after August 1, 1917, transferred property either directly or indirectly by means of a trust or by any other means whatever to his spouse, or to a person who has since become his spouse, any income or loss, as the case may be, for a taxation year from the property or from property substituted therefor shall, during the lifetime of the transferor while he is resident in Canada and the transferee is his spouse, by deemed to be income or a loss, as the case may be, of the transferor and not of the transferee. 74.(5) Where a husband and wife were partners in a business, the income of one spouse from the business for a taxation year may, in the discretion of the Minister, be deemed to belong to the other spouse. 103.(1) Where the members of a partnership have agreed to share, in a specified proportion, any income or loss of the partnership from any source or from sources in a particular place, as the case may be, or any other amount in respect of any activity of the partnership that is relevant to the computation of the income or taxable income of any of the members thereof, and the principal reason for the agreement may reasonably be considered to be the deduction or postponement of the tax that might otherwise have been or become payable under this Act, the share of each member of the partnership in the income or loss, as the case may be, or in that other amount, is the amount that is reasonable having regard to all the circumstances including the proportions in which the members have agreed to share profits and losses of the partnership from other sources or from sources in other places. ...

I have considered them all but feel that the case of Jeno Horvath v MNR (not yet reported) applies. ...