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The matter having been remitted to the respondent was considered by him as directed with the result that a new decision was rendered in respect of the four publications, the relevant portion of which follows: I have reviewed these publications in light of the judgment rendered by the Federal Court of Appeal in “E W Bickle and the Minister of National Revenue”, and I have concluded that the publications “Rapid Auto Mart Magazine” and “Buy Sell & Trade” are newspapers for purposes of the Excise Tax Act. ...

All of the types of income referred to in those Articles are refferred to parenthetically in paragraph 5 of Article III and as such they exemplify the kinds of income which Canada could tax notwithstanding that each might also be considered “industrial or commercial profits”. ...

The date of payment of the $3,800,000 by Dome to Gulf was made because it was considered that payment that year with allowable exploration expense against the 1974 taxable income of plaintiff, made the proposed total drilling expense economically worthwhile. ...

I have considered the following cases in particular, as well as others in this appeal: Michael Starko v MNR, [1965] CTC 246; 65 DTC 5151; Regal Heights Limited v MNR, [1960] CTC 384; 60 DTC 1270; Robert D Tate and John Retzlaff v Her Majesty The Queen, [1974] CTC 731; 74 DTC 6559; Demeter Equity Limited v Her Majesty The Queen, [1979] CTC 311; 79 DTC 5230; Raymond Schumph v MNR, [1979] CTC 2850; 79 DTC 723. ...

In this way, nobody would know the amount of income received; (4) The appellant testified that there were many periodic discrepancies between the cash and the cash register tapes which resulted in cash losses, but this argument is not valid since the appellant did not allow his employees to prove that all the money was remitted to the principals; (5) As to the room revenue reported, the Minister was able to file as evidence some cash register tapes for the month of June 1972 which were seized by the respondent’s investigator at the office of the appellant’s accountant and which indicate that every two days, some $50 was taken out in cash when the appellant’s wife was making her report for income tax purposes; (6) There were many other documentary evidences to corroborate what might have been the suppressed income of the company for the years under appeal, such as cash register tapes found in the appellant’s office waste-basket, documents remitted by Mr Smith, a 20-year company employee, to Mr Carson who investigated the affairs of the appellant company; (7) When the method of percentage was utilized to determine the percentage of suppressed sales, Mr Carson testified that there was direct evidence to prove suppression of sales; (8) The Board was greatly impressed by the testimony given on cross- examination by Mr Carson who was able to explain how he proceeded in trying to find out the suppressed income of the appellant company; (9) The explanations given by Mr Murphy, such as theft by employees and sale of employee-owned products in the hotel cannot be seriously considered by the Board; (10) The net worth statement of the shareholders was just an attempt to corroborate the appropriation of funds by them (the shareholders) and is not essential to the respondent’s case. ...

(k) The appellant maintained that during the years in question he had reinvested the interest that he had earned on his investments. 2.13 Mr Tousignant was once again called to testify and he produced as exhibit 1-7 a memorandum concerning the source and application of funds as well as the cost of living: 1968 1969 1970 1970 Sources of available funds $5,158 $3,321 $13,905 Application of funds $8,112 $7,123 $12,456 Expenses related to the following items had not been considered in arriving at these figures for application of funds: (1) automobile expenses; (2) food; (3) clothing; (4) gifts; (5) pocket money; (6) home maintenance and furnishings; (7) magazines, newspapers, books; (8) entertainment; (9) cleaners, barbers, hairdressers; (10) charities, associations; and so on; (11) medical and dental expenses. 2.14 After receiving the second notice of reassessment, issued on June 22, 1978, the appellant filed an appeal to the Board on September 18, 1978. 3. ...

In order to repay their creditors in an orderly manner and avoid bankruptcy, these companies considered it advisable to carry on with the profitable aspect of their business, namely thre training of personnel, under the name of J M Chaput et Associés. ...

The following cases were cited and considered: Her Majesty the Queen v Douglas Lloyd Anderson and Jean Emily Beck- ingham, and, Joyce E McDonald and David C McDonald v Her Majesty the Queen, [1973] CTC 606; 73 DTC 5444; Edward A Shaffer v MNR, [1971] CTC 577; 71 DTC 5306; Irwin A Blackstone v Her Majesty The Queen, [1973] CTC 842; 73 DTC 6020; John Muzyka v MNR, 34 Tax ABC 409; 64 DTC 168. ...

It can be considered as obiter dictum or as a suggestion for a settlement, or as a basis for a settlement, without contending that it is the best computation. 4.02.9 It is clear that the appellant’s contention to the effect that the fair market value of the documents on December 31, 1971 was the same as the sale price in 1977, that is $25,000, cannot be accepted. ...

The appellant considered that the loss sustained was a business loss in the sense that it was an adventure in the nature of trade. ...