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No question was raised by the Minister with regard to the matter of the expenses involved, or whether some of these might more appropriately be considered capital rather than current costs. ... This situation might well be one of the few in which a legitimate claim for "start-up costs" should have been considered. ...

I therefore respectively ask, that the sum of $4,215.00 be considered as a legitimate deduction from my 1983 income. ... Obviously, if Revenue Canada, considered that Mr. Floro had been an employee of Bobsien in 1983, and that by not properly deducting income tax, and preparing a T-4 slip, Bobsien was in error, then redress for that situation against Bobsien was available under the Act. ...

As noted above, the view of counsel for the appellant was that the break down of selling price (supra) (per Exhibit A-3) should not be considered as an agreement between the parties. But even if so considered, the case law did not require the Court to accept it as a reasonable allocation, and counsel quoted from the Federal Court of Appeal decision in Golden v. ...

Subsection (1) referenced in that regulation, states (in the portion counsel considered relevant):... ... In the notice of appeal, the taxpayer included the following comment: IT-272R, paragraph 19, indicates that if the use of the vehicle ceased temporarily a deemed disposition will not be considered, as long as the nature of employment has not changed. ...

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. ... The primary intention underlying the taxpayer's activity must be considered in determining the existence of a reasonable expectation of profit. ...

He further insisted that at no time was the possibility of purchasing the ship for resale considered. ... Even though the appellant’s original intention was frustrated in the process, I am satisfied that the economics of the transaction considered by themselves provide a satisfactory explanation for the appellant’s change of mind. ...

In order to determine in which category the appellant belongs the guidelines provided by the Court at page 313 (D.T.C. 5215) of that case must be considered: Although originally disputed, it is now accepted that in order to have a “source of income” the taxpayer must have a profit or a reasonable expectation of profit. ... As a result, farming could be considered to be the chief source of income for one or more partners, in which case those partners would not be subject to the restriction on the deduction of farm losses, while for other partners in the same partnership farming, alone or in combination would not be the chief source so that they would be subject to the restriction. ...

The word “gift” is of particular significance in this context since the payment to the charity must be considered a “gift” to entitle the taxpayer to a deduction. ... It is not necessary to consider the second question involving the criteria which would dictate the apportionment between what is received by way of consideration and what is considered to be a gift. ...

The relationship of the life policy on Rudy Jens' life to the loan relating to the purchase of the Learjet aircraft is too tenuous to be considered as collateral security for the loan. ... As of September 1979, the Learjet aircraft was considered an asset of Canada Learjet Ltd. by the Bank and was treated as such thereafter. ...

Analysis Dealing first of all with the property gain it is well established that each case must be considered according to its facts. ... He mentioned that the company spent five to six months trying to solve their problem of absentee management, but did not outline what attempts or matters were considered. ...