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The term “long service” is usually considered to have reference to the total number of years in an employee’s career with a particular employer. ... On the other hand, when an employee terminates employment and a payment is made in respect of accumulated vacation leave not taken prior to the retirement, this payment is considered to be ordinary remuneration and included in the employee’s income in the year of receipt pursuant to subsection 6(3). 4.03.5 Respondent’s interpretation The respondent referred to the Gerald Molleur v MNR case given in 1965 by Dumoulin, J of the then Exchequer Court of Canada. ...

The items and the amounts in issue in these appeals can be summarized as follows: 1973 Expenses Claimed Allowed Disallowed Automobile $3,693.34 $3,165.89 $ 527.45 Public Phone 260.00 100.00 160.00 Office in Home 903-85 47-26 06-59 Entertainment 3,808.76 1,999.15 1,809.61 Interest Expenses Claimed Allowed Disallowed Canadian Imperial Bank of Commerce 1,881.37 0 1,881.37 Carrying Charges Claimed Allowed Disallowed Toronto Dominion Bank $1,019.00 0 $1,019.00 John Harris Farms 1,500.00 0 1,500.00 Flying Dutchman Motel 500.00 0 500.00 Travel Expenses Hawaii 3,223.54 0 3,223.54 Grubstaking expenses 3,245.84 0 3,245.84 1974 Expenses Claimed Allowed Disallowed Automobile $3,272.19 $2,843.62 $ 428.57 Public Phone 260.00 100.00 160.00 Office in Home-840774 923-44 603-70 Entertainment 3,096.85 2,315.18 781.67 Interest Expenses Claimed Allowed Disallowed Canadian Imperial Bank of Commerce 2,289.94 0 2,289.94 Carrying Charges Claimed Allowed Disallowed Toronto Dominion Bank $3,178.87 0 $3,178.87 John Harris Farms 4,000.00 0 4,000.00 Flying Dutchman Motel 500.00 0 500.00 Travel Expenses Grenada 624.58 0 624.58 Grubstaking mining expenses 18,149.95 0 18,149.95 Counsel for the respondent conceded that, based on evidence presented, an expenditure of $260 for pay-phone for each of the 1973 and 1974 taxation years might possibly be considered as a reasonable business expense. ... Invoices for items such as groceries, films, sport shirts and a dress are to be found in Exhibit R-1, none of which can, under the circumstances, be considered as business expenses. ...

Before the end of the year, they are considered as “Current Assets”. 3.12 Mr Paul St-Martin, assistant sheriff for the judicial district of Montreal, testified for the respondent. ... If, after considering all these matters, the Court concludes that the possibility of turning the property to account for profit in any way which might present itself as convenient or expedient, including re-sale, was a major motivating factor, or that an investment intention was not the only motivating factor at time of acquisition, then the Court must find any profit ensuing from a resulting sale to be taxable as an adventure in the nature of trade. in Pine Ridge Property Ltd v MNR, supra at 201: Where the relevant facts as of the time of the purchase are considered together with the subsequent events and the affirmations of the appellant’s shareholders, it is not realistic to conclude that the only possibility that motivated the acquisition was the ultimate creation and retention of a very substantial housing development. ...

There have been three cases in this Court in which somewhat similar problems have been considered. ... What must be considered is the taxpayer’s right in them alone for they alone are within the classes of Schedule B. ...

Sections 56.1 and 60.1 had no application and, accordingly, were not considered by the Federal Court of Appeal. ... If, in this case, section 60.1 and section 56.1 are put aside, and only paragraph 60(b) is considered, then the amounts paid by the defendant Bryce for the benefit of his wife would not be deductible. ...

The appellant company, in order to retain its franchise, became interested in purchasing a Shell Oil service station situated across the street from the plaza and which Colonel Sanders considered as an appropriate site for an outlet location. ... The appellant company’s second position is that the property was acquired as a trading asset and the loss incurred in demolishing the building after it was found that it could not be sold should be considered as a deductible loss of income. ...

This rate is considered to cover the total expenses of operating the car (other than parking) including full insurance coverage. ... I would also conclude from the sentence “None of the above allowances are included in income as reported on the T4 slip” from Appendix “A” (supra) that Clarkson also considered it adequate—and probably a remuneration—in the light of Interpretation Bulletin IT-272. ...

Furthermore, these factors, when considered with the evidence mentioned earlier, suggest that the Abbeywood purchase was the first of a number of speculations in single family dwellings undertaken by Mr Hecht. I may say in reaching this conclusion I am not unmindful of the warning expressed by President Thorson in John Cragg v MNR, [1951] CTC 322; 52 DTC 1004 at 327 [1007] as follows where His Lordship says: There is, I think, no doubt that each of the profits made by the appellant could, by itself, have been properly considered a capital gain and the Court must be careful before it decides that a series of profits, each one of which would by itself have been a capital gain, has become profit or gain from a business. ...

In neither of these appeals was section 60.1 of the Income Tax Act applicable and therefore rightly not considered by the learned Justice of the Federal Court of Appeal. ... Since it is no longer mandatory for the payments to be made directly to the spouse, there remains, in my view, three points to be considered before a deduction can be made pursuant to paragraphs 60(b) and 60(c) of the Income Tax Act: 1. ...

He had never considered the use of the land for residential purposes—he was quite certain no such rezoning would have been permitted, although at acquisition he had anticipated industrial or commercial rezoning could be obtained. ... Findings The general format within which this matter should be reviewed was put forward in Elmer D Bassani v MNR, [1977] CTC 2311; 77 DTC 208, at 2321 and 215 respectively: In my opinion, to determine a question of the kind posed at this hearing, particularly dealing with the purchase and sale of land and considered against the background just described, requires the following: (a) An examination of the appellants’ personal and business circumstances at the time of acquisition, as such circumstances conflicted with, or complemented the probable fulfilment of their stated intention. ...