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This is also true where the parties have achieved their purpose under the disguise of a series of transactions which must then be considered as a mere machinery to cover their true intention. ...

The trial of this matter was not conducted on any such issue and, in my view, the matter cannot justly be considered from that point of view on this appeal. ...

The appellant’s personal expenditures for the taxation years 1966 to 1969 inclusive are considered just and reasonable and should not be altered. ...

The fact that the appellant required as a condition for the execution of the lease that a $100,000 insurance policy on the life of C Leonard Yanover be purchased by the lessee and made payable to the trustee as security for the payment of rent in the event of the death of C Leonard Yanover cannot reasonably be interpreted in a way that the $100,000 life insurance was considered security for rental payments and that the $75,000 was security for the fulfilment of the lessee’s other covenants. ...

Nor can such requirement be considered as implicit in the contracts, and the Board has no alternative but to apply strictly the wording of paragraphs 11(10)(b) and (c) and to conclude that the rental expenses and the cost of supplies are not deductible. ...

Counsel also referred to the notification by the Minister (Form T2008A) addressed to the appellant and which reads in part: The Honourable the Minister of National Revenue having reconsidered the assessments and having considered the facts and reasons set forth in the Notices of Objection hereby confirms the said assessments as having been made in accordance with the provisions of the Act and in particular on the ground that the Minister has determined that in the taxation years 1968 and 1969 the taxpayer's chief source of income was neither farming nor a combination of farming and some other source of income and therefore his farming losses have been allowed to the extent of $5,000.00 in each of these years in accordance with the provisions of section 13 of the Act. ...

He said that he considered there were sufficient cherry trees in the orchard to more than cover the costs of operation, cherries being a high-income-producing type of fruit. ...

On that valuation, the appellant indicated that he considered his 40% interest to be worth $40,000, and this was the formula that had been used in arriving at $37,500 as the amount of the settlement. ...

The nature of its activities is such that the company cannot be considered to exist as an active commercial business but merely as one holding investments. ...

Being so, subsection 16(1) of the Act should be considered. Said section reads as follows: 16. (1) A payment or transfer of property made pursuant to the direction of, or with the concurrence of, a taxpayer to some other person for the benefit of the taxpayer,... shall be included in computing the taxpayer’s income to the extent that it would be if the payment or transfer had been made to him.” ...