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Section 4(4) applies here in any case since refusing to apply it would mean penalizing a taxpayer unnecessarily and would leave him no way of obtaining compensation for the withdrawal of amounts which he considers, and has always considered, a contribution of “principal” to an account which is an RRSP in name only. 26 First, the Court would note that the appellant's agent seems to have forgotten that at the hearing he admitted the existence of the RRSP at issue here when he admitted the allegations made in paragraph 7 of the Reply to the Notice of Appeal, and in particular the allegation set out in subparagraph 7(a) above. 27 Second, except for 1991, the appellant did not include the income from this RRSP in his income for earlier years. ...

Mahoney, J.A. stated as follows: Moldowan suggests that there may be a number of factors to be considered but we are here concerned only with three: time spent, capital committed and profitability. ...

Gambling winnings cannot be considered income from a source pursuant to subsection 3(a) of the Act. ...

The living expenses plus any increase, or minus any decrease, in the net worth is adjusted to take account of any amounts of a non-income nature received during the year, and the result is considered to be the taxpayer's income for the year. ...

In some respects, the appellant could be considered to be an outside director. ...

In the original Moldowan decision, these factors were enumerated as follows: 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 capital cost allowance. ...

Having considered both submissions my decision is as follows: 7 In respect to this Bill of Costs, fees were claimed in the amount of $1,100.00 and disbursements in the amount of $18,775.21 for a total of $19,875.21. ...

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. 15 There is no question that the profit and loss experience from the appellant's activities, both in publishing as an author or a potential marketer of films in past years lead to losses on a continuous basis since 1978. ...

In arriving at these reassessments the Minister considered inter alia the following facts: (a) during the taxation year at issue the appellant was a shareholder in C. ...

As well, with respect to utilities, property taxes and heating that were assessed to the Appellant, D'Aoust, there is simply no evidence before me to demonstrate that any amount other than the amount assessed should be considered. ...